Idaho Code § 42-3219A — Idaho Code / Title 42 / Chapter 32 / Section 42-3219A
42-3219A EXCLUSION AND REMOVAL OF LANDS FOLLOWING REJECTION TWICE BY ELECTORATE OF CERTAIN PROPOSALS FOR CREATION OF INDEBTEDNESS.
Status: in_force

42-3219A. Exclusion and removal of lands following rejection twice by electorate of certain proposals for creation of indebtedness. Upon rejection by the district electorate of substantially the same proposal in two (2) separate elections for the creation of indebtedness for the purpose of acquisition, construction, installation or completion of any works or other improvements or facilities or the making of any contract to carry out the purposes of the district, and after denial by the board of a petition for exclusion of property filed and heard, as provided under section 42-3219, the owners in fee, or their representatives, of real property located in the district may petition the district court of the judicial district in which the majority of the property subject of said petition is located for exclusion and removal of their lands from such water and sewer district. Such petition shall be signed by not less than fifty-one per cent (51%) of the qualified electors of the area to be excluded from the district, shall include a legal description of the real property, the subject of said petition, shall be acknowledged in the same manner and form as required in case of a conveyance of land and shall be accompanied by a deposit of money sufficient to pay all costs of the exclusion and removal proceedings. The petitioners shall cause notice of filing of such petition to be filed with the district, and to be published in a newspaper of general circulation in the county in which said property, or the major portion thereof, is located, once a week for three (3) consecutive weeks. Such notice shall state the date of filing of such petition and the names of the petitioners, shall include a legal description of the property mentioned in said petition, shall set forth the prayer of said petitioners, and shall notify all persons interested to appear at the deisgnated court at the time stated in said notice, showing cause in writing, if any they have, why said petition should not be granted. At any time before the expiration of the time of publication, any person may file his objections to said petition. At the time and place designated in the notice, or at the time or times at which the hearing of said petition may be adjourned, the court shall proceed to hear the petition and all objections thereto presented in writing by any person showing cause as aforesaid.

The court shall grant such petition upon finding that said proposals for the creation of indebtedness were twice rejected by the electors of the whole district, and upon the finding that said real property so designated by the petition for exclusion and removal forms a contiguous area and either has no need for water and sewage disposal services or reasonably constitutes a separate area for purposes of water and sewage disposal services.

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

History:

[42-3219A, as added by 1967, ch. 242, sec. 1, p. 705.]
Idaho Code § 42-3804 — Idaho Code / Title 42 / Chapter 38 / Section 42-3804
42-3804 APPLICATION — REVIEW BY DIRECTOR.
Status: in_force

42-3804. Application — Review by director. Upon the receipt of any application with accompanying plans, it shall be the duty of the director to examine same and to furnish copies of the application and plans to, and consult with, other state agencies having an interest in the stream channel to determine the likely effect of the proposed stream channel alteration upon the fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, and water quality values of the stream. The director shall furnish a copy of each application and all accompanying materials to the department of lands. Within twenty (20) days of the receipt of copies of such application and plans from the director, such other state agencies shall notify the director whether the proposed stream channel alteration will have an unreasonably detrimental effect upon these stream values and shall include with such notification recommendations of alternate plans, if any, determined by such agency to be reasonable to accomplish the purpose of the proposed stream channel alteration without adversely affecting such stream values.

History:

[42-3804, added 1971, ch. 337, sec. 4, p. 1304; am. 1974, ch. 20, sec. 35, p. 533; am. 1976, ch. 150, sec. 2, p. 540.]
Idaho Code § 42-2817 — Idaho Code / Title 42 / Chapter 28 / Section 42-2817
42-2817 LIENS AND PAYMENTS — SUBDIVISIONS OF LIEN.
Status: in_force

42-2817. Liens and payments — Subdivisions of lien. In all cases in which a lien has been established against any tract or tracts of land comprising more than one government lot or forty-acre subdivision by reason of benefits assessed thereon in any irrigation or drainage project established under this chapter, and no instalment of such assessment or interest thereon shall be in default, any person or corporation having an interest in said land, or any part thereof, may petition the district court of the county wherein such land is situated to have such lien apportioned between or among specified portions of such tract or tracts. Upon the filing of such petition the court shall by its order fix a time and place at which said petition shall be heard and requiring personal service of a notice of such hearing to be served upon the county auditor, the occupants of such premises and on all parties having an interest in said premises as shown by the records in the office of the county recorder of such county at least ten (10) days before such hearing, or if for any reason personal service cannot be made upon all of said persons, notice shall be given by two (2) weeks publication in a newspaper published in said county in lieu of personal service. At the time and place appointed by the court for hearing upon such petition, or at the time to which such hearing may have been adjourned, the court shall hear any and all evidence bearing upon the matters set out in said petition and as to what will be a proper and equitable apportionment of said lien between or among the portions of such original tract which it is desired shall be encumbered by separate liens, and shall thereafter by its order apportion such lien among such tracts, but in no case shall the aggregate of said separate liens be different from the amount of the unpaid portion of the original lien. A certified copy of the order apportioning said lien shall be recorded in the office of the county recorder of such county and filed in the office of the clerk of the district court, which shall operate as a division and apportionment of such original lien between such various tracts of land originally covered thereby, and shall operate as a release of each of said tracts from said lien, except the amount so apportioned against it and thereafter the amount apportioned to each of such respective tracts shall be entered separately against such tract upon the tax list and tax roll and so reported to the proper county officer for collection and no reduction or abatement of the amount so apportioned shall be thereafter made.

History:

[(42-2817) 1921, ch. 222, sec. 17, p. 492; I.C.A., sec. 41-2417.]
Idaho Code § 42-1406B — Idaho Code / Title 42 / Chapter 14 / Section 42-1406B
42-1406B NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS — COMMENCEMENT.
Status: in_force

42-1406B. Northern Idaho water rights adjudications — Commencement. (1) Effective management of the waters of northern Idaho requires that a comprehensive determination of the nature, extent and priority of the rights of users of surface and ground water be determined. Therefore, the director of the department of water resources is authorized to petition the district court to commence adjudications within the terms of the McCarran amendment, 43 U.S.C. section 666, of the water rights from surface water and ground water sources in northern Idaho through initiation of three (3) proceedings, provided that each petition includes a request for the deferral of the adjudication of domestic and stock water rights as defined by subsections (4) and (11) of section 42-1401A, Idaho Code, and a request that a commencement order be issued only if the court determines it is possible to defer the adjudication of domestic and stock water rights as defined by subsections (4) and (11) of section 42-1401A, Idaho Code, within the terms of the McCarran amendment. Separate petitions shall be filed for water rights adjudications for each of the following river basins, and related ground water sources whether or not hydraulically connected to a surface water source, within Idaho: the Coeur d'Alene-Spokane river basin, the Palouse river basin, and the Clark Fork-Pend Oreille river basins, which do not include basin 98. The filing of each petition shall be contingent on legislative funding approval. Each petition shall describe the boundaries of the water source or water sources to be adjudicated.

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

(3) Upon issuance of an order by the district court which authorizes the director to commence an investigation and determination of the various water rights to be adjudicated from the water source or water sources, and which defines the boundaries of the source or sources within the state to be adjudicated, the director of the department of water resources shall proceed in the manner provided under the provisions of chapter 14, title 42, Idaho Code, to the extent not inconsistent with the provisions of this section.

History:

[42-1406B, added 2006, ch. 222, sec. 1, p. 661; am. 2008, ch. 149, sec. 1, p. 434; am. 2008, ch. 159, sec. 1, p. 456.]
Idaho Code § 42-1605 — Idaho Code / Title 42 / Chapter 16 / Section 42-1605
42-1605 ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF — CRIMINAL PENALTIES.
Status: in_force

42-1605. Enforcement procedure — Injunctive relief — Criminal penalties. (1) 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, 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. The director may petition the district court for injunctive relief in order to prevent damage pending the outcome of enforcement proceedings before the director.

(2) Criminal penalties. Any person who willfully or negligently violates any of the provisions of this chapter shall, for each offense, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than three hundred dollars ($300) and not more than one thousand dollars ($1,000). Each day upon which such violation occurs shall constitute a separate violation.

History:

[(42-1605) 1921, ch. 196, sec. 5, p. 399; I.C.A., sec. 41-1405; am. 1987, ch. 347, sec. 12, p. 754; am. 1993, ch. 216, sec. 34, p. 617; am. 1998, ch. 173, sec. 7, p. 606.]
Idaho Code § 42-5101 — Idaho Code / Title 42 / Chapter 51 / Section 42-5101
42-5101 LEGISLATIVE INTENT.
Status: in_force

42-5101. Legislative intent. The legislature hereby declares that the welfare of the people of Idaho is dependent upon the effective management of the ground water resources of this state. The legislature further declares that a need exists for the creation of special districts to provide for financing of repair or abandonment of wells in aquifers which have experienced or are experiencing declines in water level or water pressures because of flow, leakage, and waste from improper construction, maintenance and operation of wells drilled into the aquifer. Creation of these special districts may be initiated upon petition submitted by those owning the rights to use the ground water from any aquifers or parts of an aquifer that has been designated as a critical ground water area pursuant to section 42-233a, Idaho Code, or as a ground water management area pursuant to section 42-233b, Idaho Code.

History:

[42-5101, added 1987, ch. 349, sec. 1, p. 765.]
Idaho Code § 42-3239 — Idaho Code / Title 42 / Chapter 32 / Section 42-3239
42-3239 DISSOLUTION OF A DISTRICT UPON TRANSFER OF ASSETS TO MUNICIPALITY.
Status: in_force

42-3239. Dissolution of a district upon transfer of assets to municipality. (1) A water, sewer, or combined water and sewer district may transfer to a municipality the assets of the district and dissolve upon a determination that each of the following conditions exists:

(a) The municipality is capable of providing all the essential functions of the district;

(b) The municipality has agreed to assume and perform the essential functions of the district;

(c) The municipality either has or is acquiring sufficient assets, infrastructure, and other resources to perform the essential operations of the district;

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

(e) Provisions have been made for the liquidation and disbursement of district assets and infrastructure not intended to be transferred to the municipality; and

(f) Notice of the proposed transfer has been published once a week for two (2) consecutive weeks prior to the hearing in a newspaper of general circulation in the district, including information on the petition for an election on the proposed transfer; and

(g) An election has been held, if required pursuant to subsection (3) of this section, and the transfer has been approved by a majority of the qualified electors of the district voting on the issue.

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

(3) After the hearing, the district board may submit the proposed transfer to the qualified electors of 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 not less than ten percent (10%) of the qualified electors of the district is submitted requesting an election on the proposed transfer. If at the end of the thirty (30) day period no petition has been submitted with the required number of signatures, the district board may proceed to adopt the resolution finding the above conditions exist and approving the transfer. 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 transfer shall be approved by a majority of the qualified electors of the district voting on the issue in order for the district board to proceed to adopt a resolution approving the transfer.

(4) In the event the district board and the municipality adopt resolutions finding the above conditions exist and approving the transfer, the district board shall file with the district court in which the district and municipality are located, a certified copy of the district resolution; certified results of the election approving the transfer, if applicable; a certified copy of the resolution of the municipality; and all other necessary documentation requested by the district court. Upon satisfying itself that the required conditions exist, the district court shall enter an order approving the transfer and assumption and establishing the date on which the district shall be dissolved; provided however, upon good cause shown, the court may extend the date upon which the district shall be dissolved. Such order shall be recorded with the county recorder and filed with the county assessor in the counties within which the district is located and filed with the state tax commission within thirty (30) days following the effective date of such dissolution. If an agreement exists between the district and municipality setting the requirements for postdissolution operations, the municipality shall operate the sewer and/or water system(s) in accordance with the agreement.

History:

[42-3239, added 2005, ch. 244, sec. 1, p. 762.]
Idaho Code § 42-5251 — Idaho Code / Title 42 / Chapter 52 / Section 42-5251
42-5251 PETITION FOR EXCLUSION OF LANDS — GROUND WATER IRRIGATED LANDS — LANDS OF NONIRRIGATOR — LANDS MAY REMAIN IN THE DISTRICT FOR MITIGATION PURPOSES.
Status: in_force

42-5251. Petition for exclusion of lands — Ground water irrigated lands — Lands of nonirrigator — Lands may remain in the district for mitigation purposes. (1) Any district member who is an irrigator may file with the district board a petition requesting that the member's irrigated lands be excluded from the district. The petition may request that the lands either be excluded for all purposes or be excluded for all purposes except mitigation. The petition shall be signed by each petitioner, and shall state that continued inclusion of the irrigated lands in the district is inappropriate or unwarranted:

(a) Because the diversions of ground water under the ground water irrigator's water right have no depletive effect on any water source, either individually or cumulatively when considered in conjunction with other similar diversions;

(b) Because the only ground water use associated with the lands sought to be excluded by the petition is a domestic or stock water use as defined by sections 42-111 and 42-1401A, Idaho Code;

(c) Because the exclusion of the lands will not impair the district's ability to repay debt or carry out mitigation plans;

(d) Because the exclusion is in the best interests of the district and its members; or

(e) For other compelling reasons.

The board shall consider the petition and, based on findings concerning such factors, the board shall grant or deny the petition within ninety (90) days of the date it is filed, unless the board, in its sole discretion, grants a hearing on the petition within such time period, in which case the board shall issue a final decision within sixty (60) days after the conclusion of the hearing.

(2) Any district member who is a nonirrigator, may file with the district board a petition requesting that the member's lands be excluded from the district. The petition may request that the lands either be excluded for all purposes or be excluded for all purposes except mitigation. The petition shall be signed by each petitioner, but need not be acknowledged. The board shall consider the petition and grant or deny the petition within ninety (90) days of the date it is filed, unless the board, in its sole discretion, grants a hearing on the petition within such time period, in which case the board shall issue a final decision within sixty (60) days after the conclusion of the hearing.

(3) All costs incurred by the district in carrying out an exclusion proceeding shall be assessed as provided in section 42-5253, Idaho Code. A person purchasing land under a written contract shall be deemed to be the owner of that land for purposes of this section.

History:

[42-5251, added 1995, ch. 290, sec. 1, p. 1004; am. 2005, ch. 367, sec. 15, p. 1165; am. 2006, ch. 355, sec. 4, p. 1088.]
Idaho Code § 42-3506 — Idaho Code / Title 42 / Chapter 35 / Section 42-3506
42-3506 COMMISSIONERS OF COLUMBIA COMPACT COMMISSION — APPOINTMENT — TERM — VACANCIES.
Status: in_force

42-3506. Commissioners of Columbia Compact Commission — Appointment — Term — Vacancies. There shall be three (3) members of the Columbia Compact Commission from the state of Idaho. They shall be appointed by the governor with the consent of the senate and shall hold office at the pleasure of the governor. The terms of each of the initial three (3) members shall begin at the time of appointment, provided said compact shall then have gone into effect; otherwise, shall begin upon the date which said compact shall become effective. The term of one (1) of said three (3) commissioners first appointed shall be two (2) years, one (1) shall be four (4) years, and one (1) shall be six (6) years; and their successors shall be appointed by the governor with the consent of the senate for terms of six (6) years each. Each commissioner shall hold office until his successor shall be appointed or qualified. Vacancies occurring in the office of any such commissioner for any reason or cause shall be filled by appointment by the governor with the consent of the senate for the unexpired term. Any appointment made by the governor while the senate is not in session shall be effective as a temporary appointment until the next meeting of the senate when the governor shall present to that body his nomination for the office.

History:

[42-3506, added 1963, ch. 310, sec. 3, p. 818.]
Idaho Code § 42-2927 — Idaho Code / Title 42 / Chapter 29 / Section 42-2927
42-2927 LANDS OF STATE AND ITS SUBDIVISIONS.
Status: in_force

42-2927. Lands of state and its subdivisions. All state, county, school district or other lands belonging to other public corporations requiring drainage shall be subject to the provisions of this chapter, and such corporations, by and through the proper authorities, shall be made parties in all proceedings herein affecting said lands, and shall have the same rights as private persons, and their lands shall be subject to the rights of eminent domain the same as the lands of private persons or corporations.

History:

[(42-2927) 1913, ch. 16, sec. 35, p. 58; reen. C.L. 168:25; C.S., sec. 4518; I.C.A., sec. 41-2527.]
Idaho Code § 42-3235 — Idaho Code / Title 42 / Chapter 32 / Section 42-3235
42-3235 VOTING PROCEDURE.
Status: in_force

42-3235. Voting procedure. Qualifications for and methods of voting, conduct of the election and canvass of the returns shall be the same as provided for the election of a director.

History:

[42-3235, added 1982, ch. 88, sec. 1, p. 163.]
Idaho Code § 42-5211 — Idaho Code / Title 42 / Chapter 52 / Section 42-5211
42-5211 CONDUCT OF ELECTIONS.
Status: in_force

42-5211. Conduct of elections. (1) Elections shall be conducted as nearly as practicable in accordance with the general laws of the state; provided, no particular form of ballot shall be required, and that the provisions of the election laws as to the form and distribution of ballots shall not apply.

(2) The county commission shall establish one (1) or more election precincts, not exceeding seven (7), as may be necessary, and define the boundaries thereof, which boundaries, when the district is divided into precincts, shall be the same as the division boundaries above-provided for and which said precincts may thereafter be changed by the board of directors of such district as may be necessary; provided, that districts shall have not less than three (3), nor more than seven (7) voting precincts.

(3) The county commission shall also appoint three (3) judges of election for each such election precinct, who shall perform the same duties as near as may be as judges of election, under the general laws of the state.

History:

[42-5211, added 1995, ch. 290, sec. 1, p. 989.]
Idaho Code § 42-3106 — Idaho Code / Title 42 / Chapter 31 / Section 42-3106
42-3106 DIVISION OF DISTRICT — MAPS AND SURVEYS.
Status: in_force

42-3106. Division of district — Maps and surveys. (1) The director shall examine said petition and, if it is found to be in accordance with the requirements here set forth, shall, without delay, proceed and examine all matters named and referred to in said petition and make such surveys of the territory to be affected by the proposed district, as will enable him to fully determine whether the same is necessary, practicable or feasible and shall prepare a report of his findings. For the purpose of making his findings, the director may advise and consult with any local governmental subdivision, irrigation district, drainage district, canal company, or any individual water user who is not a member of any such company, who or which may be interested in, or affected by, the proposed district.

(2) The director shall prepare a map of the proposed district and shall divide the proposed district into not less than three (3) nor more than nine (9) divisions so as to provide adequate representation to all of the interests within said district.

History:

[41-3106, added 1971, ch. 300, sec. 6, p. 1219; am. 2023, ch. 56, sec. 1, p. 208.]
Idaho Code § 42-2920 — Idaho Code / Title 42 / Chapter 29 / Section 42-2920
42-2920 OBJECTIONS.
Status: in_force

42-2920. Objections. Any of the landowners or any person or corporation affected by the work proposed may appear on the day set for hearing said report and remonstrate against the whole or any part of the proposed work. Such remonstrance shall be verified by affidavit, and shall set forth the objections of the affiant, whether they go to the jurisdiction of the commissioners or the court or not, or whether they rest on any other fact, as that some lands are assessed too high or too low or improperly, or that lands are assessed which ought not to be, or that lands should be assessed which are not assessed, or that the plans for said proposed work should be changed, or that the boundaries of said district should be altered so as to include or exclude certain lands, or by any persons or corporations to whom damages are allowed that they are inadequate, or by any person or municipality that the public health or welfare will not be promoted by the proposed work.

History:

[(42-2920) 1913, ch. 16, part of sec. 11, p. 58; reen. C.L. 168:18; C.S., sec. 4511; I.C.A., sec. 41-2520.]
Idaho Code § 42-114 — Idaho Code / Title 42 / Chapter 1 / Section 42-114
42-114 STOCK WATERING PERMIT.
Status: in_force

42-114. Stock watering permit. Any permit issued for the watering of domestic livestock shall be issued to the person or association of persons making application therefor and the watering of domestic livestock by the person or association of persons to whom the permit was issued shall be deemed a beneficial use of the water.

As used in this section, the "watering of domestic livestock" means the drinking of water by domestic livestock from a natural stream, ground water source or other source.

History:

[42-114, added 1986, ch. 199, sec. 1, p. 498.]
Idaho Code § 42-5227 — Idaho Code / Title 42 / Chapter 52 / Section 42-5227
42-5227 OFFICERS MUST NOT BE INTERESTED IN CONTRACTS.
Status: in_force

42-5227. Officers must not be interested in contracts. No director or any other officer named in this chapter shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom, except as a member of the district; and for any violation of this provision such officers shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment.

History:

[42-5227, added 1995, ch. 290, sec. 1, p. 995.]
Idaho Code § 42-3207 — Idaho Code / Title 42 / Chapter 32 / Section 42-3207
42-3207 HEARINGS ON PETITIONS — ELECTION FOR ORGANIZATION AND DIRECTORS.
Status: in_force

42-3207. Hearings on petitions — Election for organization and directors. On the day fixed for such hearing or at any adjournment thereof the court shall ascertain from the tax rolls of the county or counties in which the district is located or into which it extends, the total number of taxpayers within the proposed district, who pay a general tax on real property owned by him or her within the district.

If the court finds that no petition has been signed and presented in conformity with this chapter, or that the material facts are not as set forth in the petition filed, it shall dismiss said proceedings and adjudge the costs against the signers of the petition in such proportion as it shall deem just and equitable. No appeal or writ of error shall lie from an order dismissing said proceedings; but nothing herein shall be construed to prevent the filing of a subsequent petition or petitions for similar improvements or for a similar district, and the right so to renew such proceedings is hereby expressly granted and authorized.

Any time after the filing of the petition for the organization of a district and before the day fixed for the hearing thereon, the owner or owners of any real property within the proposed district may file a petition with the court stating reasons why said property should not be included therein, why his land or any part thereof will not be benefited by the proposed district, or should not be embraced in said district and made liable to taxation therefor, and praying that said property be excluded therefrom. Such petition shall be duly verified and shall describe the property sought to be excluded. The court shall conduct a hearing on said petition and shall hear all objections to the inclusion in the district of any lands described in said petition. In case any owner of real estate included in said proposed district shall satisfy the court that his real estate, or any part thereof, has been wrongfully included therein or will not be benefited thereby then the court shall exclude such real estate as will not be benefited.

Upon said hearing, if it shall appear that a petition for the organization of a district has been signed and presented as hereinabove provided, in conformity with this chapter, and the allegations of the petition are true, the court shall, by order duly entered of record, direct that the question of the organization of the district shall be submitted to the qualified electors of the district.

Such election shall be held in conformity with the general election in this state, including chapter 14, title 34, Idaho Code, except that the court shall establish as many election precincts within such proposed district as are deemed necessary, and shall define the boundaries thereof, which precincts and boundaries may thereafter be changed by the county commissioners if the district is organized.

At any time after the filing of the petition herein referred to and before the day fixed for hearing, nominees for the board of directors of the district may be nominated by the filing of a petition designating the name or names of the nominee or nominees, signed by at least five (5) qualified electors of the district. If upon the hearing as herein provided the court shall order an election for the creation of the district, the court shall also ascertain the names of persons nominated by the board of directors, and 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. In the event the court makes its order providing for such election, it shall prescribe the form of the question and ballot relating to the creation of the district, and also the form of the ballot relating to the election of the directors; provided that all matters may be contained upon one (1) ballot to be submitted to the voters.

At such election the voters shall vote for or against the organization of the district, and for five (5) qualified electors, who shall constitute the board of directors of the district, if organized, one (1) director to act until the first biennial election, two (2) until the second, and two (2) until the third biennial election.

The judges of election shall certify the returns of the election to the district court having jurisdiction. If a majority of the votes cast at said election are in favor of the organization, the district court shall declare the district organized and give it a corporate name by which, in all proceedings, it shall thereafter be known, and designated the first board of directors elected, and thereupon the district shall be a governmental subdivision of the state of Idaho and a body corporate with all the powers of a public or quasi-municipal corporation.

If an order be entered establishing the district, such order shall be deemed final and no appeal or writ of error shall lie therefrom, and the entry of such order shall finally and conclusively establish the regular organization of the said district against all persons except the state of Idaho, in an action in the nature of a writ of quo warranto, commenced by the attorney general within thirty (30) days after said decree declaring such district organized as herein provided, and not otherwise. The organization of said district shall not be directly or collaterally questioned in any suit, action or proceeding except as herein expressly authorized.

History:

[42-3207, added 1947, ch. 152, sec. 7, p. 364; am. 1955, ch. 63, sec. 2, p. 122; am. 1957, ch. 29, sec. 2, p. 40; 1967, ch. 186, sec. 1, p. 613; am. 1995, ch. 118, sec. 65, p. 480; am. 2010, ch. 185, sec. 14, p. 389.]
Idaho Code § 42-4304 — Idaho Code / Title 42 / Chapter 43 / Section 42-4304
42-4304 USE OF STATE FUNDS — LIABILITY.
Status: in_force

42-4304. use of state funds — liability. (1) State funds may be used or expended on cloud seeding programs only in basins where the board finds that existing water supplies are not sufficient to support existing water rights, water quality, recreation, or fish and wildlife uses dependent on those water supplies.

(2) The act of cloud seeding pursuant to a project funded in whole or in part by the state of Idaho or authorized by the board shall:

(a) Not be the basis of any claim of liability, including trespass or public or private nuisance, except when such claims arise from acts of gross negligence or willful misconduct; and

(b) Not require any state or local permits.

History:

[42-4304, added 2026, ch. 86, sec. 4, p. 455.]
Idaho Code § 42-4115 — Idaho Code / Title 42 / Chapter 41 / Section 42-4115
42-4115 WORKS AND BONDS EXEMPT FROM TAXATION.
Status: in_force

42-4115. Works and bonds exempt from taxation. So long as a district shall own any works, the property and revenue of such works shall be exempt from taxation. Bonds issued under the water and sewer district revenue bond act and the income therefrom shall be exempt from taxation, except transfer and estate taxes.

History:

[42-4115, added 1976, ch. 62, sec. 1, p. 219.]
Idaho Code § 42-3107 — Idaho Code / Title 42 / Chapter 31 / Section 42-3107
42-3107 PUBLICATION OF NOTICE — CONTENTS.
Status: in_force

42-3107. Publication of notice — Contents. Within a reasonable time after the filing of the petition the director shall give and publish notice that the party whose name first appears on said petition, and others, have filed a petition for organization of a district, giving the general boundaries of said district, the general outline of work, plans or improvements contemplated, and shall further state the time and place where said petition will be considered by him, and any proponents and opponents desiring to be heard shall be heard at such time and place. Such notice shall be published three (3) weeks, at three (3) consecutive weekly issues, before the date upon which said hearing will be heard, in a newspaper of general circulation within each county in which any of the lands proposed to be included within the district are located.

History:

[42-3107, added 1971, ch. 300, sec. 7, p. 1219.]
Idaho Code § 42-4229 — Idaho Code / Title 42 / Chapter 42 / Section 42-4229
42-4229 COSTS.
Status: in_force

42-4229. Costs. On appeal, costs shall be taxed as in other civil cases. Costs of recording the order of exclusion shall be borne by petitioners when the order is entered by the board of directors and by the aquifer recharge district when entered by the district court.

History:

[42-4229, added 1978, ch. 293, sec. 1, p. 740.]
Idaho Code § 42-2941 — Idaho Code / Title 42 / Chapter 29 / Section 42-2941
42-2941 CONTRACTORS' BONDS.
Status: in_force

42-2941. Contractors' bonds. In case the whole or any portion of said improvements is let to any contractor, said commissioners shall require the said contractor to give bond equal to fifty per cent (50%) of the amount of the contract price of the whole, or of the portion of said works covered by said contract, with two (2) or more sureties to be approved by the board of commissioners of said drainage district, and running to said district as obligee therein, conditioned for the faithful and accurate performance of said contract by said contractor, his executors, administrators or assigns, according to the terms and conditions of said agreement and conditioned that said contractor, his executors, administrators or assigns, performing the whole or any portion of said work under contract of said original contractor shall pay or cause to be paid all just claims for all persons performing labor or rendering services in the construction of said work under contract of said original contractor shall pay or cause to be paid all just claims of all persons performing labor or rendering services in the construction of said work, or furnishing materials, merchandise or provisions of any kind or character used by said contractor or subcontractor, or any employee thereof in the construction of said improvements: provided further, that no sureties on said bonds shall be liable thereon for labor, materials or provisions unless the persons or corporations performing said labor and furnishing said materials, goods, wares, merchandise, and provisions, shall within ninety days after the completion of said improvements, file their claim, duly verified, that the amount is just and due and remains unpaid, with the board of commissioners of said drainage district: and, provided further, that said commissioners before advertising for bids for any work or improvement may by resolution provide that said original contractor shall pay or cause to be paid monthly all just claims for all persons performing labor or rendering services in the construction of said work, or furnishing materials, merchandise or provisions of any kind or character used by said contractor or subcontractor or any employee thereof in the construction of said improvements; and before any second or subsequent estimate is paid to the said contractor said payments as aforesaid shall be evidenced by signed vouchers or waivers, filed with the commissioners, and such other evidence by affidavit, or otherwise, as the commissioners may require, and in which event the bond required for the faithful and accurate performance of the contract shall be twenty-five per cent (25%) of the contract price, and in advertising for proposals for bids the said proposals shall set forth that the contract will be let in accordance with the terms of said resolution as to the amount of the bond and the requirement for the payment as aforesaid of all bills for labor, materials, goods, wares, merchandise and provisions, but failure to make monthly settlement of all accounts as herein provided shall not invalidate the bond so furnished by said contractor.

History:

[(42-2941) 1913, ch. 16, part of sec. 18, p. 58; reen. C.L. 168:38; am. 1919, ch. 183, sec. 9, p. 558; C.S., sec. 4532; I.C.A., sec. 41-2541.]
Idaho Code § 42-3807 — Idaho Code / Title 42 / Chapter 38 / Section 42-3807
42-3807 RESERVOIRS — PORT DISTRICTS — EXEMPT.
Status: in_force

42-3807. Reservoirs — Port districts — Exempt. This act shall not apply to any existing, proposed, or future reservoir projects. This act shall not apply to that portion of any continuous waterway system which will float commercial tug and barge vehicles to ports handling transoceanic traffic, and which is within or adjacent to any port district now existing or hereafter formed under the provisions of title 70, Idaho Code.

History:

[42-3807, added 1971, ch. 337, sec. 7, p. 1304.]
Idaho Code § 42-4111 — Idaho Code / Title 42 / Chapter 41 / Section 42-4111
42-4111 BONDS — ISSUANCE — TERMS — CONDITIONS.
Status: in_force

42-4111. Bonds — Issuance — Terms — Conditions. Whenever revenue bonds are authorized to be issued, the district commissioners shall by resolution provide for the issuance thereof. The resolution authorizing the issuance of said revenue bonds, for the purpose authorized, shall contain covenants as to:

(a) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition thereof;

(b) The use and disposition of the revenue of the works for which said bonds are to be issued, including the creation and maintenance of reserves;

(c) The issuance of other or additional bonds payable from the revenue of such works;

(d) The operation and maintenance of such works;

(e) The insurance to be carried thereon, the use and disposition of insurance moneys;

(f) Books of account and inspection and audit thereof;

(g) The terms and conditions upon which the holders thereof or any trustee therefor shall be entitled to the appointment of a receiver which receiver may enter and take possession of such works, operate and maintain the same, prescribe rates, fees, tolls or charges and collect, receive and apply all revenue thereafter arising therefrom in the same manner as the district itself might do. The provisions of this section and of any such resolution shall be a contract with the holder of said bonds and the duties of the district and its commissioners under this section and under such resolution, shall be enforceable by the holder by mandamus or other appropriate suit, action or proceedings at law or in equity.

History:

[42-4111, added 1976, ch. 62, sec. 1, p. 218.]
Idaho Code § 42-250 — Idaho Code / Title 42 / Chapter 2 / Section 42-250
42-250 WATER CONSERVATION.
Status: in_force

42-250. Water conservation. (1) The legislature finds that voluntary water conservation practices and projects can advance the policy of the state of Idaho to promote and encourage the conservation, development, augmentation and utilization of the water resources of this state. The legislature deems it appropriate, therefore, to encourage and support voluntary water conservation practices and projects.

(2) For purposes of this section, "water conservation practice" means any practice, improvement, project or management program, that results in the diversion of less than the authorized quantity of water while maintaining the full beneficial use(s) authorized by the water right. Water conservation practices include, but are not limited to, practices that result in reductions in consumptive use as defined in section 42-202B, Idaho Code, reductions in conveyance losses, and reductions in surface and seepage losses occurring at the place of use.

(3) For the purposes of this section, "conserved water" means the quantity of water that is no longer diverted as a result of a water conservation practice. Conserved water shall not include quantities of water not diverted due to decreases in beneficial use.

History:

[42-250, added 2003, ch. 166, sec. 2, p. 471.]
Idaho Code § 42-4006 — Idaho Code / Title 42 / Chapter 40 / Section 42-4006
42-4006 PERMIT APPLICATIONS — CONSOLIDATION.
Status: in_force

42-4006. Permit applications — Consolidation. The water resource board may, by regulation, provide for the consolidation of permit applications where several wells are proposed to be constructed in a geothermal area either for exploration or for development. Such regulations shall be promulgated according to the provisions of chapter 52, title 67, Idaho Code. A consolidated permit application shall be in substantial compliance with the requirements of section 42-4003, Idaho Code.

History:

[42-4006, added 1972, ch. 301, sec. 7, p. 749; am. 1974, ch. 20, sec. 54, p. 533.]
Idaho Code § 42-1758 — Idaho Code / Title 42 / Chapter 17 / Section 42-1758
42-1758 RULES AND REGULATIONS.
Status: in_force

42-1758. Rules and regulations. The board may make such rules and regulations consistent with this act as it considers necessary to carry out the provisions of this act.

History:

[42-1758, added 1969, ch. 333, sec. 9, p. 1051.]
Idaho Code § 42-3907 — Idaho Code / Title 42 / Chapter 39 / Section 42-3907
42-3907 DEPARTMENT OF WATER RESOURCES — PUBLIC NOTICE AND INVESTIGATION.
Status: in_force

42-3907. Department of water resources — Public notice and investigation. (1) Upon receipt of an application or other notice to construct, maintain, modify or abandon an injection well, the director shall give public notice as required by the rules and regulations promulgated under authority of this chapter.

(2) The director shall examine each application and shall make an investigation to determine what effect the use of the proposed or existing injection well will have or is having upon the rights of others to use water for beneficial purposes. For purposes of such investigation, the director may conduct a fact finding or investigative hearing. He may apply to the district court of the county in which the well is located for subpoenas requiring the appearance of witnesses and production of books, records, and papers; or he may administer oaths, and take testimony at any place and time. Employees and agents of the department of water resources may make reasonable entry upon any lands in the state for purposes of making investigations and surveys, or for other purposes necessary to carry out the intent of this chapter.

History:

[42-3907, added 1971, ch. 301, sec. 7, p. 1235; am. 1974, ch. 20, sec. 42, p. 533; am. 1984, ch. 155, sec. 8, p. 375.]
Idaho Code § 42-3229 — Idaho Code / Title 42 / Chapter 32 / Section 42-3229
42-3229 NOTICE OF HEARING.
Status: in_force

42-3229. Notice of hearing. Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of said meeting in at least one (1) conspicuous place in each water and sewer district to be determined by the board; a copy of such notice shall also be published in a daily or weekly newspaper published within such water and sewer district, in one (1) issue thereof, during such ten (10) day period. The place, hour and day of such hearing shall be specified in said notice, as well as the place where such budget may be examined prior to such hearing. A full and complete copy of such proposed budget shall be published with and as a part of the publication of such notice of hearing.

History:

[42-3229, as added by 1973, ch. 84, sec. 2, p. 134.]
Idaho Code § 42-2956 — Idaho Code / Title 42 / Chapter 29 / Section 42-2956
42-2956 LEVY FOR SINKING FUND.
Status: in_force

42-2956. Levy for sinking fund. At least one (1) year before the first principal maturity of said bonds (as fixed by the board of commissioners pursuant to section 42-2954) and thereafter annually, the drainage commissioners of such district issuing them are hereby authorized and required to levy an assessment sufficient to liquidate said bonds at their respective maturities. Such assessment shall be collected by the official whose duty it is to collect the county taxes, and kept as a separate fund for the sole purpose of liquidating said bonds in accordance with the provisions of the following section. The annual levies of assessments to pay bonds issued prior to the effective date of this amendment shall be made according to the law in existence at the time of the issuance of said prior bonds and according to the maturity needs thereof.

History:

[(42-2956) 1913, ch. 16, sec. 28, p. 58; reen. C.L. 168:53; C.S., sec. 4547; I.C.A., sec. 41-2556; am. 1935, ch. 49, sec. 4, p. 89.]
Idaho Code § 42-2704 — Idaho Code / Title 42 / Chapter 27 / Section 42-2704
42-2704 CONTINUING APPROPRIATION OF CAREY ACT TRUST FUND.
Status: in_force

42-2704. Continuing appropriation of Carey Act trust fund. The funds accumulated and to be accumulated under the provisions of section 42-2018 are hereby appropriated for the purpose of carrying out the provisions of such contracts between the state land board and the secretary of the interior and for making the payments provided for therein: provided, that no obligations shall be incurred under this chapter in excess of the amount available in said fund.

History:

[(42-2704) 1909, p. 331, secs. 2, 3; reen. C.L. 131:4; C.S., sec. 3072; I.C.A., sec. 41-2304.]
Idaho Code § 42-5207 — Idaho Code / Title 42 / Chapter 52 / Section 42-5207
42-5207 ORGANIZATION HEARING BEFORE COUNTY COMMISSION — ORDER OF COUNTY COMMISSION.
Status: in_force

42-5207. Organization hearing before county commission — Order of county commission. (1) After receiving the report of the department of water resources, the county commission shall conduct a hearing on the petition. If the county commission determines that the requisite number of signatures were not gathered on the petition, the board shall adjourn the hearings for two (2) weeks for the purpose of enabling the petitioners to gather additional signatures. The petitioners may amend the boundaries of the proposed district at the hearing to include or exclude lands of those ground water irrigators who provide written notice or who appear at the hearing requesting that their lands be either included or excluded, to meet the recommendations of the department, or as they may find advisable to achieve suitable district boundaries. The county commission shall accept any additional nominations of persons to be directors at the hearing or the nominations may be filed with the county clerk. The nominations must be signed by at least six (6) ground water users from the proposed district.

(2) When the county commission has determined to proceed with the petition, it may adjourn the hearing from time to time, not exceeding four (4) weeks in all, and on final hearing, the county commission:

(a) May make such other changes in the proposed boundaries of the district and divisions within the district as it may find proper; and

(b) Shall make an order on its records describing the area which it shall have determined to include in the district, and stating that lands of ground water users within such area will be organized into a ground water district if the vote of the electors accepts organization of the district.

(3) The county commission shall notify the department of the final action by mailing or faxing a copy of the order to the department within seven (7) days of the board's decision. If the boundaries of the proposed ground water district differ from the boundaries contained in the department's original report, the department shall prepare a revised list of the ground water users within such proposed district by name, address, ground water right number, point of diversion, and cubic feet per second per ground water right and return it to the county commission.

History:

[42-5207, added 1995, ch. 290, sec. 1, p. 987.]
Idaho Code § 42-2002 — Idaho Code / Title 42 / Chapter 20 / Section 42-2002
42-2002 DUTIES OF DEPARTMENT.
Status: in_force

42-2002. Duties of department. The department of water resources shall receive and file all proposals for the construction of irrigation works to reclaim lands selected under the provisions of this chapter; keep for public inspection maps or plats, on a scale of two (2) inches to the mile, of all lands selected; receive entries of settlers on these lands, and hear or receive the final proof of their reclamation; and do any and all work required in carrying out the provisions of this chapter. It shall have authority to administer oaths whenever necessary in the performance of its duties.

History:

[(42-2002) 1895, p. 215, ch. 2, sec. 5; reen. 1899, p. 282, ch. 2, sec. 5; modified 1905, p. 131, sec. 30; compiled and reen. R.C. & C.L., sec. 1614; C.S., sec. 2997; I.C.A., sec. 41-1702.]
Idaho Code § 42-5206 — Idaho Code / Title 42 / Chapter 52 / Section 42-5206
42-5206 EXAMINATION BY DEPARTMENT OF WATER RESOURCES — REPORT TO COUNTY COMMISSION — AMENDMENT OF PLAN.
Status: in_force

42-5206. Examination by department of water resources — Report to county commission — Amendment of plan. (1) A copy of the petition and all maps and other papers filed with the county commission shall be filed with the department on the same day the petition is filed with the county commission.

(2) The department shall examine the petition, maps and other papers submitted in support of it, and, taking into account hydrological factors, patterns of ground water use, or other attributes of the area that may aid the county commission, prepare a report upon the boundaries proposed for the district and submit the report to the county commission at least two (2) weeks before the meeting set for the commission to hear the petition.

History:

[42-5206, added 1995, ch. 290, sec. 1, p. 986.]
Idaho Code § 42-2954 — Idaho Code / Title 42 / Chapter 29 / Section 42-2954
42-2954 FORM OF BONDS — INTEREST — MATURITIES.
Status: in_force

42-2954. Form of bonds — Interest — Maturities. Said bonds shall be numbered from one (1) upward, consecutively, and be in denominations of not less than $100 nor more than $1000. They shall bear the date of issue, shall be made payable to the bearer and bear interest, payable semi-annually, with coupons attached for each interest payment. The bonds shall be signed by the chairman of the board of drainage commissioners, and shall be attested by the secretary of said board, and the seal of such district shall be affixed to each bond, but not to the coupons. The coupons may be signed by the facsimile lithographed or engraved signatures of the said officers.

The board of commissioners shall fix the maturities of said bonds not exceeding forty (40) years from the date of their issuance and an amortization period which shall be not less than three-fourths (3/4) of the maximum maturity. During the first fourth of the period covered by the last maturity provision may be made, in the discretion of the board, for the payment of interest only. Maturities shall be so arranged that during at least the latter three-fourths (3/4) of the period covered by the last maturity the principal shall be amortized by payments thereof in annual or semi-annual instalments so arranged as to maturities that the combined principal and interest payments during the amortization period shall be approximately the same each year. Said bonds shall be payable at such place within or without the state of Idaho as may be designated by the board of commissioners. The issuing drainage district may reserve the right to redeem said bonds or any of them at any time after ten (10) years from date thereof.

History:

[(42-2954) 1913, ch. 16, sec. 26, p. 58; reen. C.L., 168:51; C.S., sec. 4545; am. 1927, ch. 179, sec. 1, p. 242; am. 1927, ch. 254, sec. 1, p. 429; am. 1929, ch. 78, sec. 1, p. 116; I.C.A., sec. 41-2554; am. 1935, ch. 49, sec. 3, p. 89; am. 1970, ch. 133, sec. 6, p. 309.]
Idaho Code § 42-2703 — Idaho Code / Title 42 / Chapter 27 / Section 42-2703
42-2703 CONTRACTS WITH FEDERAL GOVERNMENT FOR IRRIGATION OF STATE LANDS.
Status: in_force

42-2703. Contracts with federal government for irrigation of state lands. The state land board is hereby authorized and directed on behalf of the state to make and enter into suitable contracts with the secretary of the interior to provide for the irrigation of state lands within or adjacent to the national irrigation projects constructed or to be constructed in this state under the provisions of the act of congress of June 17, 1902, known as the reclamation act, and to provide for increasing the capacity of the irrigation works of such projects and extending them and perfecting them to provide for the irrigation of such state lands.

History:

[(42-2703) 1909, p. 331, sec. 1; reen. C.L. 131:3; C.S., sec. 3071; I.C.A., sec. 41-2303.]
Idaho Code § 42-1775 — Idaho Code / Title 42 / Chapter 17 / Section 42-1775
42-1775 DECLARATION OF POLICY AND PURPOSE.
Status: in_force

42-1775. Declaration of policy and purpose. The welfare and well-being of the people of the state of Idaho is dependent upon the conservation, development and optimum use of the state's water resources. Water development involves extensive planning, special studies, public support and efficient implementation. The people of Idaho declared their intention to develop the state's water resources in the Idaho constitution, article 15, section 7, providing for a state water plan. Funding by the state of Idaho will insure timely implementation of water projects in the public interest.

History:

[42-1775, added 1979, ch. 325, sec. 1, p. 884.]
Idaho Code § 42-3502 — Idaho Code / Title 42 / Chapter 35 / Section 42-3502
42-3502 QUALIFICATIONS OF COMMISSIONERS OF BEAR RIVER COMPACT.
Status: in_force

42-3502. Qualifications of commissioners of Bear River Compact. Two (2) of the commissioners shall be electors of the state of Idaho who are residents within the watershed of the Bear River in Idaho. One (1) commissioner may be the director of the department of water resources of the state of Idaho.

History:

[42-3502, added 1955, ch. 219, sec. 2, p. 468.]
Idaho Code § 42-4001 — Idaho Code / Title 42 / Chapter 40 / Section 42-4001
42-4001 SHORT TITLE.
Status: in_force

42-4001. Short title. This act may be known and cited as the Idaho Geothermal Resources Act.

History:

[42-4001, added 1972, ch. 301, sec. 2, p. 749.]
Idaho Code § 42-1420 — Idaho Code / Title 42 / Chapter 14 / Section 42-1420
42-1420 BINDING EFFECT OF DECREE — EXCEPTIONS.
Status: in_force

42-1420. Binding effect of decree — Exceptions. (1) The decree entered in a general adjudication shall be conclusive as to the nature and extent of all water rights in the adjudicated water system except that the following described water rights shall not be lost by failure to file a notice of claim:

(a) a water right for domestic use or stock watering use, specifically excluded from the general adjudication by court order;

(b) a water right application for permit filed under chapters 2 or 15, title 42, Idaho Code;

(c) a water right permit issued under chapters 2 or 15, title 42, Idaho Code, unless the director required the permit holder to file a notice of claim in accordance with subsection (7) of section 42-1409, Idaho Code;

(d) a water right license issued under chapter 2 or 15, title 42, Idaho Code, if proof of beneficial use had not been filed on the date of commencement of the general adjudication, unless the director required the license holder to file a notice of claim in accordance with subsection (7) of section 42-1409, Idaho Code; and

(e) a claim to a water right established under federal law, if the priority of the right claimed is later than and junior to the date of entry of the order commencing the general adjudication.

(2) The exceptions from the conclusive effect of a decree in a general adjudication stated in subsection (1) above shall not apply to any water right for which a notice of claim or negotiated agreement is filed.

History:

[42-1420, added 1986, ch. 220, sec. 20, p. 580; 1986, ch. 230, sec. 4, p. 626; am. 1994, ch. 454, sec. 26, p. 1472; am. 1996, ch. 186, sec. 5, p. 591.]
Idaho Code § 42-2807 — Idaho Code / Title 42 / Chapter 28 / Section 42-2807
42-2807 LANDS ASSESSED — STATE LANDS.
Status: in_force

42-2807. Lands assessed — State lands. All lands directly benefitted by any irrigation or drainage project, or any irrigation or drainage works established under this chapter, and all public or corporate roads or railroads so benefitted in whole or in part, shall be assessed in proportion to the benefits for the construction thereof. All lands owned by the state of Idaho benefitted by such project may be assessed for such benefit the same as taxable land, provided a notice of the filing of the petition and of the time and place of hearing and notice of hearing shall have first been served on the state agency responsible for the management of such state owned lands: provided, that instead of paying the said assessments so levied against the state lands, the state may promptly offer said state lands for sale at public sale in the manner provided by law, and as rapidly as permitted by the provisions of the state constitution, until the entire acreage of state land in such project shall have been sold and if the state does not make appropriations for the payment of such assessments against such state lands, then the sale of such state land, when made, shall be made under contract requiring the purchaser as a condition to receiving title to such lands from the state, or to receiving any contract right or interest therein, to pay all assessments duly levied against such lands under the provisions of this chapter, and to pay to the proper county officer at the time of such sale such annual assessments as may have come due prior to the time of such sale, with interest thereon as hereinafter provided, and to continue the payment of such assessments until title passes from the state to such purchaser, which conveyance shall be made from the state to the purchaser subject to the liens herein provided for.

History:

[(42-2807) 1921, ch. 222, sec. 7, p. 492; I.C.A., sec. 41-2407; am. 1994, ch. 180, sec. 86, p. 485; am. 2003, ch. 32, sec. 24, p. 131.]
Idaho Code § 42-4413 — Idaho Code / Title 42 / Chapter 44 / Section 42-4413
42-4413 FINALITY OF ORDER.
Status: in_force

42-4413. Finality of order. If an order be entered establishing the district, such order shall be deemed final and no appeal or writ of error shall lie therefrom, and the entry of such order shall finally and conclusively establish the regular organization of the said district against all persons except the state of Idaho, in an action in the nature of a writ of quo warranto, commenced by the attorney general within thirty (30) days after said decree declaring such district organized as herein provided, and not otherwise. The organization of said district shall not be directly or collaterally questioned in any suit, action or proceeding except as herein expressly authorized.

History:

[42-4413, added 1990, ch. 396, sec. 1, p. 1112.]
Idaho Code § 42-3132 — Idaho Code / Title 42 / Chapter 31 / Section 42-3132
42-3132 HEARING OF PETITION.
Status: in_force

42-3132. HEARING OF PETITION. The board of commissioners, at the time mentioned in the notice, or at such other time to which the hearing may be adjourned, shall hear the petition and all the objections thereto. The failure of any person to appear and object shall be taken as an assent on the person's part to a change of the boundaries of the district as prayed for in the petition, or to such a change thereof as will include a part of the lands.

History:

[42-3132, added 2020, ch. 249, sec. 4, p. 731.]
Idaho Code § 42-3218D — Idaho Code / Title 42 / Chapter 32 / Section 42-3218D
42-3218D INDEBTEDNESS — BOND ISSUES.
Status: in_force

42-3218D. Indebtedness — Bond issues. Water or sewer subdistricts may incur debt and issue bonds for the purpose of acquiring, purchasing, or improving a water or sewer site or sites, and acquiring or constructing new water or sewer facilities. The governing body of a water or sewer subdistrict may submit to the qualified electors of the water or sewer subdistrict the question of whether the governing body of the water or sewer subdistrict shall be empowered to issue negotiable bonds of the water or sewer subdistrict in an amount and for a period of time to be named in the notice of election. Notice of the bond election shall be given, the election shall be conducted and the returns thereof canvassed and the qualifications of electors voting or offering to vote shall be as provided in chapter 32, title 42, Idaho Code.

History:

[42-3218D, added 1988, ch. 215, sec. 1, p. 407.]
Idaho Code § 42-1735 — Idaho Code / Title 42 / Chapter 17 / Section 42-1735
42-1735 APPOINTMENT OF COUNSEL — HEARING OFFICERS.
Status: in_force

42-1735. Appointment of counsel — Hearing officers. The board may appoint legal counsel or may retain private counsel independent of the counsel appointed by the director of the department.

The board may utilize hearing officers during any hearing processes which are assigned to the board by law.

History:

[42-1735, added 1965, ch. 320, sec. 5, p. 901; am. 1974, ch. 20, sec. 24, p. 533.]
Idaho Code § 42-4108 — Idaho Code / Title 42 / Chapter 41 / Section 42-4108
42-4108 PRELIMINARY EXPENSES.
Status: in_force

42-4108. Preliminary expenses. The district may provide for the payment of all necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, employment of engineers and other employees, making of notices, taking of options, legal and clerical help and all other expenses necessary to be made and paid prior to the authorization for the issuance of such revenue bonds, provided, that no such expenditures shall be made or paid unless an appropriation has been made therefor in the same manner as is required by law for district funds. Any funds so expended by the district shall be fully reimbursed and repaid to the district out of the sale of such revenue bonds before any other disbursements are made therefrom, and the amount so advanced by the district to pay such preliminary expenses shall be a first charge against the proceeds resulting from the sale of such revenue bonds until the same has been repaid as herein provided.

History:

[42-4108, added 1976, ch. 62, sec. 1, p. 215.]
Idaho Code § 42-5217 — Idaho Code / Title 42 / Chapter 52 / Section 42-5217
42-5217 TREASURER'S OFFICIAL BONDS.
Status: in_force

42-5217. Treasurer's official bonds. The treasurer shall on his appointment execute and file with the secretary an official bond in such amount as may be fixed by the district board of directors, which shall not be less than five thousand dollars ($5,000); 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 of 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.

History:

[42-5217, added 1995, ch. 290, sec. 1, p. 991.]
Idaho Code § 42-111 — Idaho Code / Title 42 / Chapter 1 / Section 42-111
42-111 DOMESTIC PURPOSES DEFINED.
Status: in_force

42-111. Domestic purposes defined. (1) For purposes of sections 42-221, 42-227, 42-230, 42-235, 42-237a, 42-242, 42-243, and 42-1401A, Idaho Code:

(a)(i) "Domestic purposes" or "domestic uses" means:

1. The use of water for homes, organization camps, public campgrounds, livestock, and for any other purpose in connection therewith, including irrigation of up to one-half (1/2) acre of land, if the total use does not exceed thirteen thousand (13,000) gallons per day; or

2. The use of water for any other purpose, if the total use does not exceed a diversion volume of two and eight-tenths (2.8) acre feet per year.

(ii) "Domestic purposes" or "domestic uses" shall not include water for the following purposes, unless the use meets the diversion volume limitations set forth in paragraph (a)(i)2. of this subsection:

1. Mobile home parks or recreational vehicle parks;

2. Apartments, condominiums, and similar developments with multiple dwelling units;

3. Subdivisions, except as provided in subsection (3) of this section; or

4. Commercial or business establishments or mixed-use establishments where the water is used primarily for commercial or business purposes.

(b) "In-home use" means the utilization of water within a residence or household, including all activities that require water, such as drinking, cooking, bathing, and cleaning within and around the household. It does not include irrigation of lawns, gardens, landscaping, pastures, or other open spaces.

(c) "Subdivision" means a tract of land divided into five (5) or more lots, parcels, or sites for the purpose of sale or building development, whether immediate or future; provided that this definition shall not include a bona fide division or partition of agricultural land for agricultural purposes. For purposes of this paragraph, "bona fide division or partition of agricultural land for agricultural purposes" means the division of land into lots, all of which are five (5) acres or larger and maintained as agricultural lands.

(2) Except as provided in subsection (3) of this section, multiple water rights for domestic uses or domestic purposes shall not be established or exercised in a manner to satisfy a single combined water use or purpose that would not itself come within the definition of a domestic use or purpose under this section. The purpose of this limitation is to prohibit the diversion and use of water, under a combination of domestic purposes or domestic uses as defined in this section, to provide a supply of water for a use that does not meet the exemption of section 42-227, Idaho Code, and is required to comply with the mandatory application and permit process for developing a right to the use of water pursuant to chapter 2, title 42, Idaho Code.

(3) Multiple water rights for domestic purposes or uses may be established and exercised from the same point or points of diversion if the use is limited to residential, in-home use. This subsection does not affect any other permitting requirement or other requirement that may apply to the use of water within a subdivision.

History:

[(42-111) 1899, p. 380, part of sec. 12; reen. R.C. & C.L., sec. 3250; C.S., sec. 5566; I.C.A., sec. 41-111; am. 1990, ch. 319, sec. 1, p. 870; am. 1995, ch. 233, sec. 1, p. 790; am. 2025, ch. 129, sec. 1, p. 663; am. 2026, ch. 2, sec. 1, p. 7.]
Idaho Code § 42-3206 — Idaho Code / Title 42 / Chapter 32 / Section 42-3206
42-3206 NOTICE OF HEARING ON PETITION — JURISDICTION.
Status: in_force

42-3206. Notice of hearing on petition — Jurisdiction. Immediately after the filing of such petition, the court wherein such petition is filed or a judge thereof in vacation, shall by order fix a place and time, not less than twenty (20) days nor more than forty (40) days after the petition is filed, for hearing thereon and thereupon the clerk of said court shall cause notice by publication to be made of the pendency of the petition and of the time and place of hearing thereon; the clerk of said court shall also forthwith cause a copy of said notice to be mailed by U.S. registered mail to the board of county commissioners of each of the several counties and to the governing body of each municipality having territory within the proposed district.

The district court in and for the county in which the petition for the organization of a district has been filed, shall thereafter for all purposes of this act, except as hereinafter otherwise provided, maintain and have original and exclusive jurisdiction, coextensive with the boundaries of the district, and of the real property proposed to be included in said district or affected by said district without regard to the usual limits of its jurisdiction.

No judge of such court wherein such petition is filed shall be disqualified to perform any duty imposed by this act by reason of ownership of property within any proposed district.

History:

[42-3206, added 1947, ch. 152, sec. 6, p. 364.]
Idaho Code § 42-1104 — Idaho Code / Title 42 / Chapter 11 / Section 42-1104
42-1104 RIGHT-OF-WAY OVER STATE LANDS.
Status: in_force

42-1104. Right-of-way over state lands. The right-of-way over and upon any and all lands owned or controlled by the state of Idaho is hereby granted to any and all persons for the purpose of constructing and maintaining any ditch, canal, lateral, drain, conduit or other works for the diversion or carrying of water for any beneficial use or to provide drainage; provided, that no property shall be taken under the provisions of this section until a just compensation shall be paid therefor, to be ascertained in the manner prescribed by law for the taking of private property for a public use.

History:

[(42-1104) 1899, p. 380, sec. 13; reen. R.C. & C.L., sec. 3302; C.S., sec. 5649; I.C.A., sec. 41-1004; am. 2024, ch. 93, sec. 3, p. 434.]
Idaho Code § 42-350 — Idaho Code / Title 42 / Chapter 3 / Section 42-350
42-350 REVOCATION OF LICENSE — GROUNDS — HEARING — LICENSEE DEFINED.
Status: in_force

42-350. Revocation of license — Grounds — Hearing — Licensee defined. (1) If the director of the department of water resources finds, on the basis of available information at any time after a license is issued, that the licensee has ceased to put the water to a beneficial use for a period of five (5) continuous years or that the licensee has wilfully or intentionally failed to comply with any of the conditions in the license, or has wilfully or intentionally failed to comply with provisions of the law governing the license, then the director of the department of water resources may issue (a) an order to show cause before the director of the department or the director's designee on or before a date therein set, which shall be not less than thirty (30) days from the date of service, why the director of the department should not revoke said license; or (b) an order directing the licensee to cease and desist the activity or activities alleged to be in violation of the conditions of the license or in violation of provisions of the law governing the license. A cease and desist order may direct compliance with the license forthwith or may provide for a time schedule to bring the licensee into compliance with the conditions of the license.

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

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

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

(5) If the director of the department of water resources has issued an order to show cause why the director should not revoke a license, the licensee may, within twenty-one (21) days from the date of service of the order, notify the director in writing of the intent of the licensee to waive the right to an administrative hearing before the department and to file a complaint in the district court for a determination of the validity of the license. The complaint shall name the director of the department of water resources as a defendant and shall be filed either in the county where the point of diversion or the place of use under the license is located, or in the county where the director issued the order to show cause. The complaint shall be filed within forty-two (42) days of the date of service of the order to show cause by the director.

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

History:

[42-350, added 1986, ch. 313, sec. 8, p. 773; am. 1988, ch. 83, sec. 2, p. 144.]
Idaho Code § 42-714 — Idaho Code / Title 42 / Chapter 7 / Section 42-714
42-714 BUDGET — COLLECTION METHOD — ENFORCEMENT.
Status: in_force

42-714. Budget — Collection method — Enforcement. (1) The budget, when approved, shall be filed with the secretary of the meeting and the district treasurer and thereupon the district hydrographer shall immediately prepare and file a certified copy thereof with the director of the department of water resources. The budget so approved shall be due and payable on the first day of April of each year unless a different due date is specified by resolution of the appropriators or water users at the annual meeting. Any assessments not paid by the due date shall bear interest from the due date until paid at the rate of eight percent (8%) per annum.

(2) The district hydrographer is authorized to collect his compensation and that of his assistants, and other expenses of the district, directly from the appropriators or water users, canal companies, and irrigation districts. The district hydrographer shall collect such compensation and expenses directly from the appropriators or water users and shall turn the collected funds over to the water measurement district treasurer for deposit and disbursement in accordance with section 42-715, Idaho Code.

(3) The district hydrographer is authorized to cause the delivery of water to be withheld or to cause diversions of water to cease by those users who have not paid their pro rata share of the cost of operating the district as levied until such time as the pro rata share of the cost is paid.

(4) The water measurement district shall have the right to collect any charges due and unpaid, by civil action, the action to be brought in any court of competent jurisdiction, in the name of the district hydrographer to whom such charges are payable, and in addition to the amount found due, together with interest and costs, may also recover such sum as the court may adjudge reasonable as attorney's fees in the action.

(5) The appropriators or water users may by resolution request the department of water resources to prepare and mail the billings for the collections authorized in this section. The resolution will agree to reimburse to the department the actual cost incurred by the department in preparing and mailing the billings.

History:

[42-714, added 1995, ch. 291, sec. 3, p. 1023.]
Idaho Code § 42-115 — Idaho Code / Title 42 / Chapter 1 / Section 42-115
42-115 STORAGE.
Status: in_force

42-115. storage. To ensure that new or proposed projects to store more than one thousand (1,000) acre feet of surface water do not interfere with the storage of water in existing on-stream storage reservoirs operated for storage and flood control purposes, the director of the department of water resources shall subordinate permits and licenses for projects to store more than one thousand (1,000) acre feet of surface water issued after the effective date of this section to the capture and retention of water in existing on-stream storage reservoirs during and following flood control operations until the date of allocation.

History:

[42-115, added 2019, ch. 16, sec. 1, p. 18.]
Idaho Code § 42-1744 — Idaho Code / Title 42 / Chapter 17 / Section 42-1744
42-1744 ISSUANCE.
Status: in_force

42-1744. Issuance. Such bonds shall be signed on behalf of the board by the chairman of the board and shall be attested by the secretary of the board, one of which signatures may be a facsimile signature, and shall have the seal or facsimile seal of the board impressed or imprinted thereon. All interest coupons attached thereto may be signed with the facsimile signatures of such officials. Such bonds shall be sold in the manner and at such price as the board shall deem advisable, either at public or private sale.

History:

[42-1744, added 1965, ch. 319, sec. 6, p. 898.]
Idaho Code § 42-1401 — Idaho Code / Title 42 / Chapter 14 / Section 42-1401
42-1401 LEGISLATIVE INTENT.
Status: in_force

42-1401. Legislative intent. The legislature finds and declares that the state laws and procedures for the adjudication of rights to the use of water need to be modified:

(1) to provide a statutory procedure for incorporating a negotiated agreement between a federal reserved water right claimant and the state of Idaho into an adjudication;

(2) to provide a more efficient method for adjudications;

(3) to assure that state laws and procedures provide a fair and impartial forum for the adjudication of the rights of all claimants; and

(4) to assure that state laws and procedures are adequate as a matter of federal law to adjudicate all water rights claimed to have been established under federal law and to administer such rights.

History:

[42-1401, added 1986, ch. 220, sec. 2, p. 560; am. 1994, ch. 454, sec. 1, p. 1445.]
Idaho Code § 42-4226 — Idaho Code / Title 42 / Chapter 42 / Section 42-4226
42-4226 HEARING — NOTICE — ENTRY OF ORDER.
Status: in_force

42-4226. Hearing — Notice — Entry of order. (1) The petition shall be heard by the board of directors within sixty (60) days of filing of the petition and if no hearing is held within that time the petitioner or petitioners shall be deemed excluded from the district. If, prior to the date set for the hearing, the board issues an order excluding the petitioner or petitioners, no hearing need be held. The board shall give each petitioner notice of the time and place of the hearing in writing not less than fifteen (15) days prior to the hearing. It shall be sufficient to mail such notice by certified or registered mail to each petitioner's mailing address as indicated on the petition.

(2) At the hearing, if any, the petitioner or petitioners must establish by competent evidence the allegations of the petition. The chairman of the board is hereby empowered to administer oaths for the purpose of the hearing. If the allegations of the petition are established the board shall enter an order excluding the petitioner or petitioners, or any of them, from the district, which order shall reflect the nature of any outstanding and/or continuing liabilities to which the petitioner so excluded shall remain subject under the provisions of section 42-4228, Idaho Code.

History:

[42-4226, added 1978, ch. 293, sec. 1, p. 738.]
Idaho Code § 42-1405 — Idaho Code / Title 42 / Chapter 14 / Section 42-1405
42-1405 GENERAL ADJUDICATION — PUBLIC INTEREST.
Status: in_force

42-1405. General adjudication — Public interest. (1) Five (5) or more or a majority of the users of water from any water system may petition the director to request the attorney general to file an action to commence a general adjudication. If the director deems that the public interest and necessity will be served by a determination of the water rights of that water system, the director shall request the attorney general to file an action to commence the general adjudication.

(2) If the director deems that the public interest and necessity will be served by a determination of the water rights of any water system, the director, upon his own initiative, may request the attorney general to file an action to commence a general adjudication.

History:

[42-1405, as added by 1969, ch. 279, sec. 4, p. 822; am. 1986, ch. 220, sec. 7, p. 565; am. and redesig. 1994, ch. 454, sec. 10, p. 1452.]
Idaho Code § 42-2909 — Idaho Code / Title 42 / Chapter 29 / Section 42-2909
42-2909 DECREE.
Status: in_force

42-2909. Decree. Upon the entry of the findings of the final hearing of said petition, as set forth in the last preceding section, said judge of the district court of the county in which the proposed drainage district is located, if he finds said proposed drainage system to be conducive either to the public health, welfare or convenience, or will increase the public revenue, or be of special benefit to the majority in acreage of the lands included in said boundaries, shall declare said district duly organized, and to be known as drainage district No. …. (here insert number) of the county of …. (here insert name of county), in the state of Idaho. The clerk of said district court shall cause a copy of the order declaring said district to be organized, duly certified, to be filed in the office of the secretary of state, and from and after the date of said filing, said organization shall be deemed complete.

History:

[(42-2909) 1913, ch. 16, parts of sec. 4, p. 58; reen. C.L. 168:7; C.S., sec. 4499; I.C.A., sec. 41-2509.]
Idaho Code § 42-801 — Idaho Code / Title 42 / Chapter 8 / Section 42-801
42-801 CONVEYANCE OF STORED WATER THROUGH NATURAL CHANNEL — APPOINTMENT OF SPECIAL DEPUTY AND ASSISTANTS.
Status: in_force

42-801. Conveyance of stored water through natural channel — Appointment of special deputy and assistants. Whenever the owner of a reservoir shall desire to use the bed of a stream, or a natural water course, for the purpose of carrying stored water, he shall in writing notify the department of water resources, giving the date when it is proposed to discharge the water, its volume in acre feet, and in cubic feet per second at the point of discharge, and the persons and ditches entitled to its use. The department shall then appoint a special deputy, unless a state watermaster has already been appointed to deliver the waters from said stream, in which event the appointed watermaster and his assistants may be instructed to make the delivery of the stored water without further appointment, whose duty it shall be to adjust the headgates of all ditches not entitled to the stored water, and in such manner that those having the right to the use of such water shall secure the volume to which they are entitled. For the purpose of delivering such stored water the deputy appointed by the department of water resources may employ such number of assistants as, with the approval of the department, he may deem necessary. The owner of any reservoir proceeding under the provisions of this section shall pay to the special deputy and to each assistant a salary as determined by the director of the department of water resources, or a salary and expenses as negotiated with the owner of the said stored water and approved by the director of the department of water resources, or pay to the water district, if there is one, a sum based upon the cost of delivering a unit of water. Said charge by the water district will be determined and collected in the same manner as prescribed in chapter 6, title 42, Idaho Code, for compensating the watermaster for delivery of natural flow water.

History:

[(42-801) 1909, p. 150, sec. 1; reen. C.L., sec. 3282h; C.S., sec. 5624; I.C.A., sec. 41-701; am. 1980, ch. 277, sec. 2, p. 721.]
Idaho Code § 42-2823 — Idaho Code / Title 42 / Chapter 28 / Section 42-2823
42-2823 COMPENSATION OF COUNTY COMMISSIONERS — EMPLOYMENT OF ASSISTANCE.
Status: in_force

42-2823. Compensation of county commissioners — Employment of assistance. The county commissioners in addition to their compensation otherwise provided by law shall be entitled to compensation for their services required under this chapter at the rate of five dollars ($5.00) per day for each and every day necessarily spent in the performance thereof, and shall be paid out of the funds provided for by this chapter and be a part of the expense as herein provided. The county commissioners shall have the power to employ such assistance and fix the rate of pay therefor in the performance of their duties under this chapter as the nature of the work may require the same to be a part of the expense herein provided for.

History:

[(42-2823) 1921, ch. 222, sec. 23, p. 492; I.C.A., sec. 41-2423.]
Idaho Code § 42-1743 — Idaho Code / Title 42 / Chapter 17 / Section 42-1743
42-1743 COVENANTS.
Status: in_force

42-1743. Covenants. The board may provide such covenants as it may deem necessary to secure and guarantee the payment of the principal of and interest on such bonds, including but not limited to covenants to create reserve accounts and to authorize the deposit of certain moneys therein for the purpose of securing and guaranteeing the payment of such principal and interest, to appoint a state or national bank or trust company as trustee for the bondholders to hold, invest and disburse moneys set aside and pledged to pay and guarantee the payment of such bonds and/or as a trustee for safeguarding the disbursing of the proceeds of the sale of such bonds, to fix such powers and duties of such trustee or trustees as may be found necessary to carry out the purpose of this act, and to make any and all other covenants not inconsistent with the provisions of this act which in the judgment of the board will increase the marketability of such bonds. The board may also provide that revenue bonds payable out of the same source or sources may be later issued on a parity with any revenue bonds being issued and sold. The provisions of this act and any resolution or resolutions providing for the authorization, issuance and sale of such bonds shall constitute a contract with the holders of such bonds and the provisions thereof shall be enforceable by any owner or holder of such bonds by any appropriate suit, action or proceeding in any court of competent jurisdiction.

History:

[42-1743, added 1965, ch. 319, sec. 5, p. 898.]
Idaho Code § 42-2960 — Idaho Code / Title 42 / Chapter 29 / Section 42-2960
42-2960 MAINTENANCE OF SYSTEM — DISTRICT NOT TO BE OPERATED FOR PROFIT.
Status: in_force

42-2960. Maintenance of system — District not to be operated for profit. Any drainage district organized under the provisions of this chapter is not to be conducted or operated for profit or with the view of paying dividends, but solely for the benefit and welfare of the residents and property owners of said district.

History:

[(42-2960) 1913, ch. 16, sec. 42, p. 58; reen. C.L. 168:57; C.S., sec. 4551; I.C.A., sec. 41-2560.]
Idaho Code § 42-5218D — Idaho Code / Title 42 / Chapter 52 / Section 42-5218D
42-5218D CANVASS OF RETURNS — DECLARATION OF WINNERS.
Status: in_force

42-5218D. 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:

[(42-5218D) 42-5222, added 1995, ch. 290, sec. 1, p. 992; am. and redesig. 2005, ch. 367, sec. 8, p. 1160.]
Idaho Code § 42-5225 — Idaho Code / Title 42 / Chapter 52 / Section 42-5225
42-5225 AUTHORITY TO CONSTRUCT AND OPERATE GROUND WATER RECHARGE OR STORAGE PROJECT.
Status: in_force

42-5225. Authority to construct and operate ground water recharge or storage project. Any ground water district organized under the laws of this state is authorized in section 42-234, Idaho Code, to file an application with the department to acquire water rights or to appropriate the unappropriated waters of the state for the purpose of storing waters in, or recharging, ground water basins within the district to aid in the efficient irrigation of district lands, to serve domestic, commercial, municipal or industrial uses within the district, or to carry out a mitigation plan. Upon approval of the application for permit by the director, the district shall proceed in the manner provided by law to construct and operate the ground water storage or recharge project. The construction and operation of the project shall be subject to such additional conditions and limitations as shall be imposed by the director pursuant to sections 42-203A, 42-222 and 42-234, Idaho Code.

History:

[42-5225, added 1995, ch. 290, sec. 1, p. 995; am. 2009, ch. 242, sec. 4, p. 744.]
Idaho Code § 42-1406C — Idaho Code / Title 42 / Chapter 14 / Section 42-1406C
42-1406C BEAR RIVER WATER RIGHTS ADJUDICATION — COMMENCEMENT.
Status: in_force

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

(2) For purposes of adjudicating water rights, the Bear River basin is defined as all waters of the state of Idaho, both ground water and surface water, flowing into or toward the Bear River or flowing toward the Great Salt Lake in the Great Basin.

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

(4) Once the district court issues an order that authorizes the director to commence an investigation and determination of the water rights within the boundaries of the adjudication and defines the boundaries of the adjudication, the director of the department of water resources shall proceed in the manner provided under the provisions of chapter 14, title 42, Idaho Code, to the extent not inconsistent with the provisions of this section.

History:

[42-1406C, added 2020, ch. 50, sec. 1, p. 116.]
Idaho Code § 42-5248 — Idaho Code / Title 42 / Chapter 52 / Section 42-5248
42-5248 ASSESSMENTS AGAINST ANNEXED LANDS.
Status: in_force

42-5248. Assessments against annexed lands. (1) The board of directors may require, as a condition to the granting of an annexation petition, that the petitioners shall severally pay to the district such respective sums, as nearly as the same can be estimated, as said petitioners, or their grantors, would have been required to pay such district, had such lands been included in such district at the time it was originally formed, together with a proportionate share of the expenses of the district accrued since formation.

(2) If the petition of a nonirrigator seeks only to participate in the district's mitigation plans and other mitigation activities, the board may require a proportionate sum of the mitigation expenses accrued since the district was originally formed to be paid as a condition to the granting of an annexation petition.

History:

[42-5248, added 1995, ch. 290, sec. 1, p. 1003; am. 2016, ch. 109, sec. 2, p. 314.]
Idaho Code § 42-2970 — Idaho Code / Title 42 / Chapter 29 / Section 42-2970
42-2970 METHOD OF PROCEDURE IN ACTIONS BY INTERESTED PERSONS.
Status: in_force

42-2970. Method of procedure in actions by interested persons. The procedure provided by law for the trial and determination of other civil actions, and appeal to the Supreme Court of the state of Idaho, shall govern the procedure in any action brought under the provisions of this act; provided, however, that no costs shall be awarded to either party, either in the district court or upon appeal to the Supreme Court.

History:

[42-2970, added 1935, ch. 57, sec. 4, p. 109.]
Idaho Code § 42-4228 — Idaho Code / Title 42 / Chapter 42 / Section 42-4228
42-4228 EFFECT OF EXCLUSION ON LIABILITY FOR ASSESSMENTS.
Status: in_force

42-4228. Effect of exclusion on liability for assessments. Any water user excluded from the district on the grounds specified in section 42-4225(1), 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 section 42-4225(2), Idaho Code, shall not be subject to assessment for maintenance and operation of the works and facilities 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 42-4215, 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 42-4202(1), 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 42-4218, 42-4219, 42-4220 and 42-4221, Idaho Code, until such liabilities have been discharged. Any municipal water user, as defined in section 42-4202(2), 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 section 42-4222, 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 situate.

History:

[42-4228, added 1978, ch. 293, sec. 1, p. 739.]
Idaho Code § 42-4203 — Idaho Code / Title 42 / Chapter 42 / Section 42-4203
42-4203 FORMATION OF DISTRICT — DECLARATION BY DIRECTOR.
Status: in_force

42-4203. Formation of district — Declaration by director. After receipt of the petition, map and statement, the director shall review and examine the same and may require the submission of such additional or revised data concerning the boundaries of the proposed district, the location and nature of the diversion works and facilities to be constructed, the costs of construction or any other matter relevant to the formation of the district as he may deem necessary. The director shall conduct a hearing on the petition and supporting documents. Notice of the time and place of the hearing shall be published by the director in a newspaper or newspapers published in each of the counties or a newspaper of general circulation therein at least three (3) weeks before the date of the hearing.

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

History:

[42-4203, added 1978, ch. 293, sec. 1, p. 727; am. 1979, ch. 8, sec. 2, p. 11.]
Idaho Code § 42-207 — Idaho Code / Title 42 / Chapter 2 / Section 42-207
42-207 SALE, TRANSFER, ASSIGNMENT OR MORTGAGE OF PERMIT.
Status: in_force

42-207. Sale, transfer, assignment or mortgage of permit. Whenever the holder of a permit to appropriate water for power purposes within the state of Idaho, desires to sell, assign, transfer or mortgage such permit so held by him, he shall file with the director of the department of water resources a copy of the deed, bill of sale, assignment, mortgage or other document of transfer, together with such proof as the director of the department of water resources may require that the new owner, holder or assignee of such permit, or the mortgagee, or one or more of the trustees under any mortgage trust indenture, possesses the qualifications set forth in section 42-206, and that such transfer is made in good faith, and not for purposes of speculation or delay; and the sale, transfer, assignment or mortgaging of any such permit except as herein provided shall be void, it being the express intention of the legislature to prohibit the transfer of permits to appropriate water for power purposes by mortgaging the same or otherwise, except in accordance with the provisions of this act.

History:

[42-207, added 1937, ch. 142, sec. 3, p. 233; am. 1947, ch. 66, sec. 3, p. 106.]
Idaho Code § 42-1604 — Idaho Code / Title 42 / Chapter 16 / Section 42-1604
42-1604 ARTESIAN WELL DEFINED.
Status: in_force

42-1604. Artesian well defined. For the purposes of this chapter, an artesian well is defined as any well, as defined in subsection (b) of section 42-230, Idaho Code, which encounters pressurized ground water or low temperature geothermal resource under sufficient head to rise above the elevation at which it was first encountered whether or not the fluid flows at land surface. If the fluid level stands above land surface, the well is a flowing artesian well.

History:

[(42-1604) 1921, ch. 196, sec. 4, p. 399; I.C.A., sec. 41-1404; am. 1987, ch. 347, sec. 11, p. 754.]
Idaho Code § 42-2958 — Idaho Code / Title 42 / Chapter 29 / Section 42-2958
42-2958 LEVY FOR INTEREST.
Status: in_force

42-2958. Levy for interest. It shall be the duty of such drainage commissioners annually to levy an assessment sufficient for the payment of the coupons hereinbefore mentioned as they fall due.

History:

[(42-2958) 1913, ch. 16, sec. 30, p. 58; reen. C.L. 168:55; C.S., sec. 4549; I.C.A., sec. 41-2558; am. 1935, ch. 55, sec. 2, p. 103.]
Idaho Code § 42-3003 — Idaho Code / Title 42 / Chapter 30 / Section 42-3003
42-3003 RESOLUTION SPECIFYING TERMS AND CONDITIONS.
Status: in_force

42-3003. Resolution specifying terms and conditions. Whenever the board of commissioners shall deem it expedient to issue refunding bonds under the provisions of this chapter, they shall by resolution duly adopted and entered upon the minutes of the district specify, the amount and date of the bonds to be refunded, the amount of the refunding bonds proposed to be issued, shall designate the denomination or denominations thereof, fix the date of issue, the rate of interest, which shall not exceed six per cent (6%) per annum.

History:

[(42-3003) 1925, ch. 21, sec. 3, p. 29; I.C.A., sec. 41-2603.]
Idaho Code § 42-4209 — Idaho Code / Title 42 / Chapter 42 / Section 42-4209
42-4209 CONDUCT OF ELECTIONS.
Status: in_force

42-4209. Conduct of elections. The election shall be conducted in accordance with the general laws of the state including the provisions of chapter 14, title 34, Idaho Code.

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

History:

[42-4209, added 1978, ch. 293, sec. 1, p. 730; am. 1995, ch. 118, sec. 79, p. 494.]
Idaho Code § 42-252 — Idaho Code / Title 42 / Chapter 2 / Section 42-252
42-252 LIMITATIONS ON CONSUMPTIVE USE — DATA CENTERS.
Status: in_force

42-252. limitations on consumptive use — data centers. Data centers, as that term is defined in section 63-3622VV, Idaho Code, that begin construction on or after July 1, 2026, may not use water for cooling purposes as a consumptive use, unless the water is supplied by a municipal, water district, or water and sewer district water system.

History:

[42-252, added 2026, ch. 291, sec. 2, p. 1212.]
Idaho Code § 42-403 — Idaho Code / Title 42 / Chapter 4 / Section 42-403
42-403 PROOF OF COMPLETION OF WORKS.
Status: in_force

42-403. Proof of completion of works. Proof of completion of works under such permit shall be made in accordance with the laws of the state of Idaho relative to proof of completion under a permit to appropriate the public waters of the state of Idaho, as to all works of diversion under such permit: provided, that the department of water resources may as a condition to the issuance of a certificate of completion under such proof require from the officer or official mentioned in section 42-401 a certificate to the effect that the proper public records of such sister state show the works to have been completed under said permit, said certificate to show in second feet the capacities of the various conduits constructed and to show in acre feet the capacities of reservoir, if any there be, constructed in such sister state under said permit.

History:

[(42-403) 1915, ch. 111, sec. 3, p. 254; reen. C.L., sec. 3265p; C.S., sec. 5597; I.C.A., sec. 41-403; am. 1951, ch. 80, sec. 2, p. 149.]
Idaho Code § 42-103 — Idaho Code / Title 42 / Chapter 1 / Section 42-103
42-103 RIGHT ACQUIRED BY APPROPRIATION.
Status: in_force

42-103. Right acquired by appropriation. The right to the use of the unappropriated waters of rivers, streams, lakes, springs, and of subterranean waters or other sources within this state shall hereafter be acquired only by appropriation under the application, permit and license procedure as provided for in this title, unless hereinafter in this title excepted.

History:

[(42-103) R.S., sec. 3155; 1899, p. 380, sec. 2; reen. R.C. & C.L., sec. 3242; C.S., sec. 5558; I.C.A., sec. 41-103; am. 1971, ch. 177, sec. 1, p. 843.]
Idaho Code § 42-4204 — Idaho Code / Title 42 / Chapter 42 / Section 42-4204
42-4204 BOARD OF DIRECTORS — COMPOSITION — APPOINTMENT OF FIRST BOARD — ELECTION OF SUBSEQUENT BOARDS.
Status: in_force

42-4204. Board of directors — Composition — Appointment of first board — Election of subsequent boards. (1) The board of directors of the aquifer recharge district shall consist of five (5) members. Each member shall be a water user, or representative of a water user within the district. The members of the board shall be as follows:

(a) One (1) member shall be a member of a lateral ditch water user's association, canal company, irrigation district or similar organization;

(b) One (1) member shall be an owner or operator of a commercial fish hatchery licensed in accordance with the provisions of section 22-4602, Idaho Code;

(c) One (1) member shall be a farmer or rancher who is an appropriator of groundwater and whose diversion thereof is accomplished primarily through the operation of a well or wells;

(d) One (1) member shall be a member of the city council of a municipality within the district; and

(e) One (1) member shall be generally representative of the interests of water users within the district.

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

(3) The term of office of the directors shall be determined by lot so that three (3) members shall serve for a term of two (2) years and two (2) members shall serve for a term of one (1) year. Thereafter, members shall serve two (2) year terms and shall be elected as provided in this section.

(4) On the first Tuesday in February following the expiration of the term of those members serving for one (1) year, and on the first Tuesday in February of each year thereafter, an election shall be held in accordance with the provisions of chapter 14, title 34, Idaho Code, at which directors to succeed those whose terms have expired will be elected. Each director so elected shall possess the qualifications required of all members of the board and in addition shall possess the qualifications of the director whom he is to succeed in office.

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

History:

[42-4204, added 1978, ch. 293, sec. 1, p. 728; am. 1982, ch. 204, sec. 3, p. 540; am. 1985, ch. 10, sec. 1, p. 14; am. 1992, ch. 273, sec. 3, p. 846; am. 1995, ch. 118, sec. 76, p. 492; am. 2021, ch. 325, sec. 12, p. 999.]
Idaho Code § 42-1733 — Idaho Code / Title 42 / Chapter 17 / Section 42-1733
42-1733 ORGANIZATION.
Status: in_force

42-1733. Organization. The business of the board shall be conducted as follows:

(a) The first meeting of the board shall be held in the city of Boise within thirty (30) days following its appointment and thereafter the board shall hold no less than four (4) regular meetings annually on dates and at places set by the board. The board shall maintain its principal office in Ada county. Special meetings of the board may be held by call of the chairman, four (4) of the members of the board, or the governor. A majority of board members at any meeting shall constitute a quorum for the transaction of any business. No notice shall be required for regular, special or adjourned meetings, providing the time and place of the meeting is fixed at a meeting at which all of the board members are in attendance. Otherwise, five (5) days written or telegraphic notice setting out the time, place and purpose of the meeting shall be required. Any meeting of the board at which all of the members are present shall be as valid as if held pursuant to notice. Members may waive notice in writing either before or at the time of the meeting.

(b) All meetings at which official action is taken by the board shall be open to the public; the board may hold executive sessions at which no official action is taken.

(c) At its first meeting the board shall elect one (1) of its members chairman and one (1) of its members vice chairman. Such officers shall hold their respective offices for a period of two (2) years and until their successors are elected and qualified. Should a vacancy occur in either office, the board shall elect a member to fill such vacancy for the remainder of the term.

(d) The chairman shall preside at all meetings of the board, perform the normal duties of that office and such other duties as may be required of him by the board.

(e) The vice chairman shall possess all of the powers and perform all of the duties of the chairman in the event of the death, absence, disability or refusal to act on the part of the chairman, and such authority shall extend until a new chairman has been elected and qualified. He shall also perform such other duties as may be required of him by the board.

(f) The board shall select a secretary who may be a member of the board. The secretary shall be responsible for full and accurate minutes of all meetings of the board, a record of its proceedings, and every ruling, order and decision made by it. He shall also perform such other duties as may be required of him.

(g) The board shall adopt a seal having upon it the words, "Idaho water resource board," which shall be placed in the care and custody of the director.

(h) Each member of the board shall, before entering upon the discharge of his official duties, file with the secretary of state the statutory oath of office to which, and as a part thereof, shall be added a declaration of the political party to which said board member belongs.

History:

[42-1733, added 1965, ch. 320, sec. 3, p. 901; am. 2001, ch. 183, sec. 17, p. 627.]
Idaho Code § 42-1501 — Idaho Code / Title 42 / Chapter 15 / Section 42-1501
42-1501 LEGISLATIVE PURPOSE — MINIMUM STREAM FLOW DECLARED BENEFICIAL USE.
Status: in_force

42-1501. Legislative purpose — Minimum stream flow declared beneficial use. The legislature of the state of Idaho hereby declares that the public health, safety and welfare require that the streams of this state and their environments be protected against loss of water supply to preserve the minimum stream flows required for the protection of fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, transportation and navigation values, and water quality. The preservation of the water of the streams of this state for such purposes when made pursuant to this act is necessary and desirable for all the inhabitants of this state, is in the public interest and is hereby declared to be a beneficial use of such water. The legislature further declares that minimum stream flow is a beneficial use of water of the streams of this state for the purpose of protecting such waters from interstate diversion to other states or by the federal government for use outside the boundaries of the state of Idaho. Minimum stream flows as established hereunder shall be prior in right to any claims asserted by any other state, government agency, or person for out of state diversion. It is, therefore, necessary that authority be granted to receive, consider, approve or reject applications for permits to appropriate water of the streams of this state to such beneficial uses to preserve such water from subsequent appropriation to other beneficial uses under the provisions of chapter 2, title 42, Idaho Code.

History:

[42-1501, added 1978, ch. 345, sec. 11, p. 891.]
Idaho Code § 42-1716 — Idaho Code / Title 42 / Chapter 17 / Section 42-1716
42-1716 NOTICE OF COMPLETION — FILING OF SUPPLEMENTARY DRAWINGS OR DESCRIPTIVE MATTER.
Status: in_force

42-1716. Notice of completion — Filing of supplementary drawings or descriptive matter. Immediately upon completion of a new dam, reservoir or mine tailings impoundment structure or enlargement or repair of a dam, reservoir or mine tailings impoundment structure the owner shall give notice of completion to the director, and as soon thereafter as possible file with the director supplementary drawings or descriptive matter showing or describing the dam, reservoir or mine tailings impoundment structure as actually constructed, including the following:

(a) A record of all grout holes and grouting.

(b) A record of permanent location points and bench marks.

(c) A record of tests of concrete or other material used in the construction of the dam, reservoir or mine tailings impoundment structure.

(d) Any other items which may be of permanent value and have a bearing on the safety and performances of the dam, reservoir or mine tailings impoundment structure.

In connection with the enlargement or repair of a dam, reservoir or mine tailings impoundment structure, the supplementary drawings and descriptive matter need apply only to the new work.

History:

[42-1716, added 1969, ch. 280, sec. 7, p. 833; am. 1974, ch. 20, sec. 17, p. 533; am. 1978, ch. 309, sec. 7, p. 790.]
Idaho Code § 42-1742 — Idaho Code / Title 42 / Chapter 17 / Section 42-1742
42-1742 SPECIAL FUNDS.
Status: in_force

42-1742. Special funds. Bonds issued under the provisions of this act shall be payable solely out of revenues of the Idaho water resource board. Such bonds shall be authorized by resolution, which resolution shall create a special fund or funds into which the Idaho water resource 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 the principal of and interest on such bonds as the same shall become due and, if deemed necessary, to maintain adequate reserves therefor. No appropriated moneys shall be paid into such special fund or funds provided that any loan repayments to the Idaho water resource board, regardless of the source of funds for the loan, may be deposited to such fund or funds. Such fund or funds shall be drawn upon for the sole purpose of paying the principal of and interest on bonds issued pursuant to this act.

The bonds shall be negotiable instruments within the provisions and intent of the negotiable instrument laws of this state even though they shall be payable solely from such special fund or funds. The bonds and any coupons attached thereto shall state upon their face that they are payable solely from such special fund or funds. If the board fails to set aside and pay into such fund or funds the payments provided for in such resolution, the holder of any such bonds may bring suit to compel compliance with the provisions of the resolution.

History:

[42-1742, added 1965, ch. 319, sec. 4, p. 898; am. 2003, ch. 80, sec. 2, p. 256.]
Idaho Code § 42-2501 — Idaho Code / Title 42 / Chapter 25 / Section 42-2501
42-2501 RIGHT TO TRANSFER RECOGNIZED.
Status: in_force

42-2501. Right to transfer recognized. The owner of any lands to which a water right has been made appurtenant pursuant to the provisions or operation of the act of congress of the United States known as the Carey Act may transfer such water right, in whole or in part, to other land owned by him which can be served and irrigated by the same Carey act irrigation system and may, by sale, or by lease for a period not exceeding one year, transfer such water right or any portion thereof to another for use upon or in connection with any such other lands, in the manner and on the condition set forth in this chapter.

History:

[(42-2501) 1917, ch. 159, sec. 1, p. 484; reen. C.L. 130:1; am. 1919, ch. 171, sec. 1, p. 544; C.S., sec. 3052; am. 1925, ch. 94, sec. 1, p. 134; I.C.A., sec. 41-2101.]
Idaho Code § 42-108B — Idaho Code / Title 42 / Chapter 1 / Section 42-108B
42-108B LEASING OF WATER UNDER ESTABLISHED RIGHTS — NOTICE — APPEAL.
Status: in_force

42-108B. Leasing of water under established rights — Notice — Appeal. Any person, entitled to the use of water whether represented by a license issued by the department of water resources, or by decree of the court, who shall desire to lease the water pursuant to section 42-108A, Idaho Code, shall make application to the department of water resources. Such application shall be upon forms furnished by the department and shall describe the right licensed, claimed or decreed which is to be leased. Upon receipt of said application, an application filing fee of thirty dollars ($30.00) and a publication fee of fifty dollars ($50.00), it shall be the duty of the director of the department of water resources to examine same and if otherwise proper, to cause notice of the proposed leasing of water and setting forth the hearing date at which protests will be heard, to be published once a week for two (2) consecutive weeks in a newspaper published and of general circulation within the county where the water is diverted, if there is such a paper, otherwise in a newspaper of general circulation within the county. Such notice shall advise that anyone who desires to protest the proposed leasing of water and who has a superior right to use the water and who may suffer pecuniary loss shall file notice of protest with the department within five (5) days of the last date of publication. The hearing date set by the director of the department of water resources shall be held not sooner than ten (10) nor later than fifteen (15) days after the last date of publication. Upon receipt of any protest, 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 lease.

The director of the department of water resources shall examine all of the evidence and available information and, provided no other water rights senior or junior to the water to be leased are injured thereby, may reject and refuse approval for, or may partially approve for less quantity of water, or may approve upon conditions any proposed lease of water where the proposed use is such that it will reduce the quantity of water available under other existing water rights, the water supply involved is insufficient for the purpose for which it is sought, the lease would cause the use of water to be enlarged beyond that authorized under the water right to be leased, the lease would be contrary to any local rental pool procedure as authorized under section 42-1765, Idaho Code, the lease will conflict with the local public interest as defined in section 42-202B, Idaho Code, or the lease will adversely affect the local economy of the watershed or local area within which the source of water for the proposed use originates, in the case where the place of use is outside of the watershed or local area where the source of water originates. A copy of the approved application for leasing of water shall be returned to the applicant, and he shall be authorized upon receipt thereof to lease the water pursuant to section 42-108A, Idaho Code. 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 same and forward a notice of such action to the applicant by certified mail, which decision shall be subject to review pursuant to section 42-1701A, Idaho Code.

All fees received by the department of water resources under the provisions of this section shall be submitted to the state treasurer for deposit in the water administration fund.

History:

[42-108B, added 1981, ch. 267, sec. 2, p. 567; am. 2011, ch. 243, sec. 1, p. 655.]
Idaho Code § 42-2931 — Idaho Code / Title 42 / Chapter 29 / Section 42-2931
42-2931 ADDITIONAL CONSTRUCTION WORK AND ASSESSMENTS.
Status: in_force

42-2931. Additional construction work and assessments. In any case where the work set out in the plan for drainage as provided in this chapter, or the work or improvements and the system of diking and reclamation constructed or in process of construction, are deemed or found by the board of commissioners of any drainage district at any time before or after the completion thereof to be insufficient or inadequate for any reason or by reason of any occurrence or circumstance, said board may order and cause to be done and constructed (in the manner provided and permitted by this chapter and subject to the judicial proceedings required by this chapter) additional work and improvements for the purpose of rendering sufficient and adequate the work and improvements and system of reclamation and drainage already constructed or for the purpose of reconstructing and for the preservation of the same; and also in any case where in the judgment of said board, new, additional or separate works and improvements (in the nature of original construction or reconstruction work and improvements) shall be or become necessary for the sufficient, safe and adequate drainage and reclamation of said district or for the safety and preservation of the work, improvements and system already constructed, said board may order and cause to be done and constructed such new, additional and separate works and improvements; and a new estimate of benefits may be made in each and all of said cases based on the additional or separate additional work or construction or reconstruction work proposed; and additional assessments for each or all of such additional or separate works and improvements may be made on the lands benefits in conformity with the procedure provided in this chapter as in the case of original construction; and the lands in said district, or any part of such lands, shall be assessed in proportion to the benefits estimated as accruing to such lands because of such additional or separate work and improvements or because of such separate or additional construction and reconstruction work and improvements. The provisions of chapter 29 shall apply to all proceedings had or matters or things done pursuant to the authorization of this section, the necessary substitutions and changes being made because of any variant circumstances.

History:

[(42-2931) 1913, ch. 16, part of sec. 41, p. 58; compiled and reen. C.L. 168:28; C.S., sec. 4522; I.C.A., sec. 41-2531; am. 1935, ch. 49, sec. 1, p. 89.]
Idaho Code § 42-2013A — Idaho Code / Title 42 / Chapter 20 / Section 42-2013A
42-2013A PREFERENCE.
Status: in_force

42-2013A. Preference. Any other provision of this chapter notwithstanding, any person or group of persons proposing a project as provided in section 42-2003, Idaho Code, who intend to apply for settlement and entry of the lands for which the project is proposed, shall be given the right of first selection and entry before any lands in the project are opened by the director for settlement as provided in section 42-2013, Idaho Code. This section shall apply to any lands for which a project is proposed regardless of the number of acres proposed to be included.

History:

[42-2013A, as added by 1974, ch. 164, sec. 5, p. 1397.]
Idaho Code § 42-1705 — Idaho Code / Title 42 / Chapter 17 / Section 42-1705
42-1705 COOPERATION WITH UNITED STATES GEOLOGICAL SURVEY.
Status: in_force

42-1705. Cooperation with United States geological survey. The director of the department of water resources is hereby authorized to cooperate with the United States geological survey in the investigation of the water resources and gauging the flow of the streams of the state of Idaho so long as the federal government is engaged in making such measurements and surveys. To that end he is hereby authorized to make the necessary contract or contracts with the director of the United States geological survey whereby a part of the expenses incurred in the making of such surveys, gaugings and measurements may be paid by the state of Idaho, to an amount not to exceed the appropriation hereinafter made. Said contract or contracts shall provide among other things, that the United States geological survey shall furnish to the department of water resources complete and detailed reports of the results obtained by said survey, gaugings and measurements and copies of such original records, plats, notes and other data as shall be required by the department. Such reports, plats, notes, records and data shall be and become a part of the permanent records of the office of the department. All claims for expenses incurred or made hereunder shall be filed, examined, and when allowed, paid out of the state treasury in the same manner that other claims against the state are made, filed, examined and paid.

History:

[(42-1705) 1919, ch. 173, sec. 1, p. 548; C.S., sec. 2987; I.C.A., sec. 41-1505; am. 1974, ch. 20, sec. 8, p. 533.]
Idaho Code § 42-1506A — Idaho Code / Title 42 / Chapter 15 / Section 42-1506A
42-1506A LEMHI RIVER — MCFARLAND CAMPGROUND MINIMUM STREAM FLOW APPROPRIATION.
Status: in_force

42-1506A. LEMHI RIVER — MCFARLAND CAMPGROUND MINIMUM STREAM FLOW APPROPRIATION. (1) The water resource board is hereby authorized and directed to appropriate and hold in trust for the people of the state of Idaho a minimum stream flow water right in a designated reach of the Lemhi River in accordance with the provisions of this section. The minimum stream flow appropriation shall be in the amount of 420 c.f.s. at McFarland Campground located on the Lemhi River in the NWSE of Section 14, Township 17 North, Range 24 East, Boise Meridian. The elements of this water right shall include the following:

(a) This water right may be exercised only two (2) years out of every five (5) years. The five (5) year period shall be a rolling period.

(b) The exercise of the right shall be limited to a duration of three (3) days, during the March 15 to July 6 period of use. The three (3) day period shall be timed to occur as near as possible to the peak of Lemhi runoff.

(2) This right may not call against water rights with points of diversion from streams administered as separate streams pursuant to the Partial Decree pursuant to I.R.C.P. 54(b) of the Basin 74 High Flow General Provision approved by the SRBA District Court on January 2, 2006, except as to Lemhi Basin stream flow maintenance water rights appropriated pursuant to section 42-251, Idaho Code.

(3) The water resource board shall appropriate the minimum stream flow water right authorized under this section in accordance with the provisions of section 42-1503, Idaho Code. In acting upon the application for permit, the director of the department of water resources need not determine that the appropriation is capable of being maintained based upon records of existing stream flows because it is anticipated that the water right will be maintained through conditions on water rights acquired pursuant to section 42-251, Idaho Code.

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

History:

[42-1506A, added 2022, ch. 290, sec. 2, p. 924.]
Idaho Code § 42-619 — Idaho Code / Title 42 / Chapter 6 / Section 42-619
42-619 ALTERNATE PLAN FOR PAYMENT OF DISTRICT EXPENSES — TREASURER — ELECTION — OATH AND BOND — REMOVAL — COMPENSATION.
Status: in_force

42-619. Alternate plan for payment of district expenses — treasurer — election — oath and bond — removal — compensation. (1) The county commissioners of any county, having determined that providing the service of payment of water district expenses by the county treasurer from water district funds pursuant to section 42-613(2), Idaho Code, is an undue burden upon the county and shall no longer be provided, shall notify the director of the department of water resources of this action by December 1 in the year preceding the year for which the action shall first be effective by providing to the director a certified copy of the resolution of the commissioners taking such action.

(2) Notice of the action of the county commissioners shall be given to the water users of the district by the department of water resources together with the notice of the annual meeting given pursuant to section 42-605, Idaho Code.

(3) At each annual meeting of a district for which the county commissioners have taken the action provided for in subsection (1) of this section, or for which the water users have taken the action provided for in section 42-613(3), Idaho Code, the water users shall provide for the election and appointment of a water district treasurer. If a water district treasurer is not elected at the annual meeting, and one is found to be necessary, the director of the department of water resources is authorized to appoint a water district treasurer and fix the treasurer's compensation. The water district treasurer shall keep a complete, accurate and permanent record of all moneys received by and disbursed for and on behalf of the district. The water district treasurer shall deposit all moneys of the district in a designated depository approved at the annual meeting and shall comply with the public depository law as contained in chapter 1, title 57, Idaho Code.

(4) Before undertaking the duties of the office, the water district treasurer shall take and subscribe to an oath before an officer authorized by the laws of the state to administer oaths to faithfully perform the duties of the office and shall file the oath with the director of the department of water resources. Upon issuance by the director of a certificate confirming the election or appointment of a water district treasurer, the actions taken by the water district treasurer in fulfillment of the duties of the office are covered by the state group surety bond as provided in sections 59-801 through 59-804, Idaho Code. A duly appointed treasurer that is reelected in consecutive years shall not be required to take and file additional oaths with the department of water resources for each consecutive year the treasurer is reelected.

(5) The water district treasurer shall serve until a successor is elected or appointed, and qualified. A water district treasurer may be removed from office by the director for failure to perform the duties of the office in the manner provided for removal of a watermaster as provided by section 42-605(9), Idaho Code.

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

(7) With respect to any district for which the county commissioners have taken the action provided for in subsection (1) of this section, or for which the water users have taken the action provided for in section 42-613(3), Idaho Code, the county auditor shall in the time and manner provided by section 63-1202, Idaho Code, transmit to the water district treasurer of the water district a settlement of all moneys belonging to such district paid into the county treasury and apportioned to such water district on or after the second Monday of the preceding month; provided, however, that in the months of July and January, the money may be transmitted no later than the 25th of the month. The treasurer of the water district shall immediately deposit the funds in the designated depository for the district.

(8) The treasurer of the water district shall disburse moneys from the water district account only upon submission of a written voucher approved by the watermaster for expenses incurred for water district purposes related to the delivery of water or by a voucher approved by the chairman of the advisory committee for activities pursuant to resolutions adopted by the water users from district funds or funds retained pursuant to section 42-613A, Idaho Code.

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

(10) In water districts with an annual budget of seven thousand five hundred dollars ($7,500) or less, the water users may, by resolution adopted at the annual meeting, authorize the watermaster to serve as water district treasurer. Watermasters in water districts with annual budgets in excess of seven thousand five hundred dollars ($7,500) shall not be authorized to act as water district treasurer.

History:

[42-619, added 1989, ch. 286, sec. 2, p. 710; am. 1992, ch. 339, sec. 21, p. 1028; am. 1993, ch. 387, sec. 11, p. 1426; am. 1996, ch. 322, sec. 36, p. 1064; am. 2011, ch. 176, sec. 4, p. 502; am. 2020, ch. 52, sec. 12, p. 131; am. 2021, ch. 321, sec. 33, p. 974.]
Idaho Code § 42-2961 — Idaho Code / Title 42 / Chapter 29 / Section 42-2961
42-2961 APPORTIONMENT OF COST OF MAINTENANCE.
Status: in_force

42-2961. Apportionment of cost of maintenance. The board of commissioners of any drainage district organized under the provisions of this chapter shall, on or before the third Monday of September of each year, make an estimate of the cost of maintenance of the drainage system constructed in such district, which estimate shall include the cost of making any necessary repairs that it might become necessary to make in the maintenance of such system. Such estimate shall be made for the succeeding year, and the amount so estimated shall be certified by the board of commissioners to the auditor of the county in which such district is located, on or before said date, and the amount thereof shall be apportioned to the landowners in such district benefited by said improvement in proportion to the benefit apportioned or reapportioned, and such amount shall be added to the general taxes of such landowners and collected therewith; provided however, that at the option of the commissioners the amount apportioned to every landowner on any parcel or piece of land shall be not less than one dollar ($1.00), which amount shall be a minimum assessment to be collected as a tax for the year on every such parcel or piece of land.

History:

[(42-2961) 1913, ch. 16, sec. 23, p. 58; reen. C.L. 168:58; am. 1919, ch. 20, sec. 1, p. 82; C.S., sec. 4552; am. 1927, ch. 53, sec. 1, p. 68; I.C.A., sec. 41-2561; am. 1953, ch. 257, sec. 1, p. 411; am. 1974, ch. 118, sec. 1, p. 1289; am. 2012, ch. 106, sec. 2, p. 283.]
Idaho Code § 42-5203 — Idaho Code / Title 42 / Chapter 52 / Section 42-5203
42-5203 PETITION FOR ORGANIZATION — MAP — BOND.
Status: in_force

42-5203. Petition for organization — Map — Bond. (1) A petition shall be first presented to the county commission of the county in which the greatest proportion of cubic feet per second of ground water rights of the proposed district is situated, which petition shall:

(a) Be signed by the required number of ground water users in such proposed district;

(b) State that the petitioners desire to have their lands included within and subject to the assessments of the district for purposes consistent with this chapter;

(c) Set forth and describe by township, range and section, with the degree of certainty required by law in a tax roll, the boundary of the area where, if a ground water user is located within that boundary, that ground water user would be included in a ground water district, and shall request that the area described be organized into a ground water district;

(d) Propose a name for the district;

(e) Be accompanied by a list, identifying the ground water users within such proposed district by name, address, ground water right number, point of diversion, and cubic feet per second per ground water right, certified by the director of the department of water resources as accurately reflecting the records of the department;

(f) Be accompanied by a map which shall indicate the proposed boundaries of the district, and which may propose division boundaries as specified in section 42-5208, Idaho Code;

(g) Propose between three (3) and seven (7) divisions and division boundaries;

(h) Include nominations for a director for each division, each of which shall be signed by not less than six (6) ground water users in the proposed district;

(i) Be accompanied by bond, to be approved by the county commission, in double the amount of the probable cost to the county and the department of organizing such district, conditioned that the bondsmen will pay all said costs, in case organization of the district is unsuccessful.

(2) The petition, together with all maps and papers filed therewith, shall, during the county's office hours, be open to public inspection at the office of the county clerk between the date of filing and the date of the final hearing thereon. The boundaries specified in the petition shall be proposed in such manner that the greatest distance between two (2) wells in the district shall be no more than thirty (30) miles unless good cause is shown to the county commission for including a larger area.

(3) Lands of ground water users do not have to be contiguous within a ground water district, and such district may be organized even though its boundaries may overlap with other districts formed pursuant to title 43, Idaho Code, or other titles of the Idaho Code.

(4) If the district is organized, the costs of organization shall be assessed against the members of the district.

History:

[42-5203, added 1995, ch. 290, sec. 1, p. 985.]
Idaho Code § 42-1307 — Idaho Code / Title 42 / Chapter 13 / Section 42-1307
42-1307 ASSESSMENTS — NOTICE — PENALTIES FOR DELINQUENCY.
Status: in_force

42-1307. ASSESSMENTS — NOTICE — PENALTIES FOR DELINQUENCY. (1) On or before April 15, an association's secretary-treasurer of the lateral water users' association shall assess each water user for that year. Such assessment shall be due and payable on May 1 each year. If the assessment is not paid by the water user on or before June 15 each year:

(a) A penalty of ten percent (10%) may be added thereto; and

(b) The total amount due shall then draw interest at the rate of ten percent (10%) per annum from June 15 until paid.

(2) The lateral water users' association may, by vote of the water users at any annual meeting, set dates for notice and payment of assessments and any related late fees that are different than those prescribed by this section, provided that each water user is always given at least fifteen (15) days' notice to make a payment.

History:

[42-1307, added 2026, ch. 112, sec. 20, p. 573.]
Idaho Code § 42-1005 — Idaho Code / Title 42 / Chapter 10 / Section 42-1005
42-1005 MATTERS CONSIDERED IN FIXING RATE.
Status: in_force

42-1005. Matters considered in fixing rate. In fixing the rates at which water shall be furnished, the board of commissioners shall take into consideration the cost of the works, the expense of keeping the same in repair, and all other conditions that affect the cost of delivering the same. Whenever it shall appear to the board of county commissioners from competent evidence that any consumer or consumers of water distributed through any ditch or canal, is entitled to the distribution or use of any water therefrom, at not to exceed a proportionate amount of the actual cost of maintenance and operation of said ditch or canal, they shall, upon request of such person or persons so entitled, fix the rate per cubic foot per second to be charged to such consumer or consumers for the current year.

History:

[(42-1005) 1899, p. 380, sec. 30; reen. R.C. & C.L., sec. 3298; C.S., sec. 5645; I.C.A., sec. 41-905.]
Idaho Code § 42-1804 — Idaho Code / Title 42 / Chapter 18 / Section 42-1804
42-1804 SUCCESSOR TO COMMISSIONER OF RECLAMATION — STATE RECLAMATION ENGINEER — DIRECTOR OF DEPARTMENT OF WATER ADMINISTRATION.
Status: in_force

42-1804. Successor to commissioner of reclamation — State reclamation engineer — Director of department of water administration. Whenever rights, powers and duties have heretofore been vested in, or exercised by, the commissioner of reclamation, the state reclamation engineer or the director of the department of water administration, all such rights, powers and duties are hereby transferred to and are vested in and shall be exercised by the director of the department of water resources, and every act done in the exercise of such rights, powers and duties shall have the same legal effect as if done by the former commissioner of reclamation, state reclamation engineer, or director of the department of water administration, or the department of reclamation or the department of water administration, or any deputy inspector or subordinate officer thereof, and the said director of the department of water resources shall be subject to the same obligations and duties and shall have the same rights arising from the exercise of such rights, powers and duties as if such rights, powers and duties were exercised by the said commissioner of reclamation, state reclamation engineer, or director of the department of water administration, or department of reclamation or department of water administration, deputy or subordinate officer thereof designated in the respective laws which are to be administered by the said director of the department of water resources and he shall be subject to the same penalty or penalties, civil or criminal, for failure to perform any such obligation or duty or for doing a prohibited act as if such obligation or duty or such act were prohibited in the exercise of such rights, powers or duties by the commissioner of reclamation, state reclamation engineer, or director of the department of water administration designated in the respective laws which are to be administered by the said director of the department of water resources, and the office of commissioner of reclamation, the office of state reclamation engineer, the office of director of the department of water administration each is hereby abolished and the said director of the department of water resources is hereby declared to be the successor of the said commissioner, the said engineer, or the said director of the department of water administration as to all rights, powers and duties and as to all proceedings now pending in the said department of reclamation, or department of water administration or in an appeal therefrom or in any action pending in any court of competent jurisdiction in which the said commissioner of reclamation, the state reclamation engineer, or the director of the department of water administration is a party in any such action or proceeding. All books, records, papers, documents, property, real and personal, unexpended appropriations and pending business in any way pertaining to the rights, powers and duties hereby transferred to and vested in the said director of the department of water resources shall be delivered and transferred to the said director of the department of water resources.

This act shall not affect any act done, ratified or confirmed or any right accrued or established or any action or proceeding had or commenced in a civil or criminal cause before this act takes effect but such actions or proceedings may be prosecuted and continued by the said department of water resources and the director of the department of water resources under the provisions of this act.

History:

[42-1804, added 1943, ch. 58, sec. 9, p. 120; am. 1974, ch. 20, sec. 31, p. 533.]
Idaho Code § 42-1105 — Idaho Code / Title 42 / Chapter 11 / Section 42-1105
42-1105 RIGHT-OF-WAY FOR DIVERSION WORKS.
Status: in_force

42-1105. RIGHT-OF-WAY FOR DIVERSION WORKS. A water right owner has the right to install, operate, and maintain diversion works at the authorized point of diversion in any of the waters of the state described in section 42-101, Idaho Code, for the purpose of diverting and conveying water to the place of use in accordance with the water right. A right-of-way over and across the lands of others, for conducting said waters, may be acquired in the manner prescribed in section 42-1106, Idaho Code.

History:

[42-1105, added 2024, ch. 93, sec. 5, p. 434.]
Idaho Code § 42-1204 — Idaho Code / Title 42 / Chapter 12 / Section 42-1204
42-1204 EASEMENTS, RIGHTS-OF-WAY, AND OTHER REAL PROPERTY NOT SUBJECT TO ADVERSE POSSESSION.
Status: in_force

42-1204. Easements, rights-of-way, and other real property not subject to adverse possession. (1) The easements, rights-of-way, or real property owned by irrigation districts, Carey act operating companies, nonprofit irrigation entities, lateral ditch associations, and drainage districts are not subject to adverse possession.

(2) No person shall prevent free access of authorized personnel on such easements, rights-of-way, or other real property, or construct any obstruction on such easements, rights-of-way, or other real property in an effort to adversely possess said easement, right-of-way, or other real property.

History:

[(42-1204) 42-1208, added 1981, ch. 344, sec. 1, p. 714; am. 2004, ch. 179, sec. 2, p. 563; am. 2021, ch. 112, sec. 1, p. 354; am. and redesig. 2026, ch. 109, sec. 5, p. 562.]
Idaho Code § 42-4303 — Idaho Code / Title 42 / Chapter 43 / Section 42-4303
42-4303 AUTHORIZATION AND REPORTING REQUIREMENTS.
Status: in_force

42-4303. authorization and reporting requirements. (1) The board shall authorize, and may sponsor or develop, local or statewide cloud seeding programs. The board may contract any individual or organization for consultation and assistance in developing cloud seeding programs or in furthering research related to cloud seeding.

(2) The board shall conduct public meetings, in accordance with chapter 2, title 74, Idaho Code, when discussing or acting on cloud seeding programs in Idaho. Such meetings shall include an opportunity for written and oral public comment.

(3) The board shall compile and publish an annual report detailing:

(a) Operational data, including dates, locations, and methods used for cloud seeding operations conducted during the reporting period;

(b) The state of the science, including Idaho-specific analysis, as it relates to water, soil, or air quality, and other environmental impacts, including cumulative impacts, associated with cloud seeding activities;

(c) Public meetings related to cloud seeding and associated documentation, including public comments or other feedback received regarding cloud seeding operations; and

(d) The effectiveness of outcomes achieved, such as increases in snowpack due to cloud seeding.

(4) During the operational period, each operator shall submit a monthly report on cloud seeding operations to the board. The report shall include:

(a) Locations of ground generators;

(b) Flight paths;

(c) Amount and type of cloud seeding activities that occurred;

(d) Amount and type of seeding materials used;

(e) Any suspension periods; and

(f) Methods of operation.

(5) Any individual, organization, or entity that independently conducts cloud seeding operations within the state of Idaho shall adhere to the requirements and conditions of the authorization issued by the board.

(6) Water generated through cloud seeding shall be distributed in accordance with the prior appropriation doctrine.

(7) Cloud seeding conducted to enhance rainfall, mitigate hail, disperse fog, or prevent frost is excluded from the provisions of this chapter.

(8) Failure to comply with the reporting or disclosure requirements, as provided by this chapter, shall result in suspension of authorization for cloud seeding activities until compliance is achieved, as determined by the board.

History:

[42-4303, added 2026, ch. 86, sec. 3, p. 454.]
Idaho Code § 42-5237 — Idaho Code / Title 42 / Chapter 52 / Section 42-5237
42-5237 TAX EXEMPTION.
Status: in_force

42-5237. Tax exemption. Interim notes, and the interest thereon, issued pursuant to the authority contained in this chapter shall be exempt from taxation under the Idaho income tax law.

History:

[42-5237, added 1995, ch. 290, sec. 1, p. 1001.]
Idaho Code § 42-2205 — Idaho Code / Title 42 / Chapter 22 / Section 42-2205
42-2205 LIMITATION OF LIEN.
Status: in_force

42-2205. Limitation of lien. No lien provided for in this chapter binds any land for a longer period than three (3) years after the filing of the statement mentioned in section 42-2203, Idaho Code, unless proceedings be commenced in a proper court within that time to enforce such lien.

History:

[(42-2205) 1913, ch. 120, sec. 5, p. 466; reen. C.L. 129:6; C.S., sec. 3044; I.C.A., sec. 41-1905; am. 2013, ch. 60, sec. 1, p. 136.]
Idaho Code § 42-2040 — Idaho Code / Title 42 / Chapter 20 / Section 42-2040
42-2040 SUITS BY DEPARTMENT.
Status: in_force

42-2040. Suits by department. All suits or actions under the provisions of this chapter, shall be brought by the director of the department of water resources.

History:

[(42-2040) 1895, p. 215, ch. 2, sec. 25; reen. 1899, p. 282, ch. 2, sec. 25; reen. R.C. & C.L., sec. 1634; C.S., sec. 3033; I.C.A., sec. 41-1740; am. 1974, ch. 164, sec. 11, p. 1397.]
Idaho Code § 42-1734I — Idaho Code / Title 42 / Chapter 17 / Section 42-1734I
42-1734I DESIGNATION UNDER FEDERAL LAW.
Status: in_force

42-1734I. Designation under federal law. Designation of a waterway as a protected river pursuant to this chapter shall not be a basis for seeking inclusion of such waterway in the national wild and scenic rivers system pursuant to 16, United States Code section 1273(a)(ii) unless the act designating the waterway as a protected river specifically requests the governor to seek inclusion of the waterway in the national wild and scenic rivers system.

History:

[42-1734I, added 1988, ch. 370, sec. 5, p. 1101.]
Idaho Code § 42-112 — Idaho Code / Title 42 / Chapter 1 / Section 42-112
42-112 COMPLETION DEFINED.
Status: in_force

42-112. Completion defined. By completion is meant conducting the waters to the place of intended use.

History:

[(42-112) R.S., sec. 3162; 1899, p. 380, sec. 7; reen. R.C. & C.L., sec. 3251; C.S., sec. 5567; I.C.A., sec. 41-112.]
Idaho Code § 42-3801 — Idaho Code / Title 42 / Chapter 38 / Section 42-3801
42-3801 LEGISLATIVE INTENT — STREAM CHANNELS — ALTERATION.
Status: in_force

42-3801. Legislative intent — Stream channels — Alteration. The legislature of the state of Idaho hereby declares that the public health, safety and welfare requires that the stream channels of the state and their environments be protected against alteration for the protection of fish and wildlife habitat, aquatic life, recreation, aesthetic beauty, and water quality. No alteration of any stream channel shall hereafter be made unless approval therefor has been given as provided in this act.

History:

[42-3801, added 1971, ch. 337, sec. 1, p. 1304.]
Idaho Code § 42-5108 — Idaho Code / Title 42 / Chapter 51 / Section 42-5108
42-5108 NOTICE OF ELECTION.
Status: in_force

42-5108. Notice of election. The secretary of the district shall give notice of all elections in the district by publication of the notice in accordance with the provisions of section 34-1406, Idaho Code. Notices shall state the time of 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:

[42-5108, added 1987, ch. 349, sec. 1, p. 767; am. 1995, ch. 118, sec. 85, p. 499.]
Idaho Code § 42-1715 — Idaho Code / Title 42 / Chapter 17 / Section 42-1715
42-1715 INSPECTION DURING CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR OR REMOVAL OF DAMS AND MINE TAILINGS IMPOUNDMENT STRUCTURES — EFFECT OF NONCOMPLIANCE.
Status: in_force

42-1715. Inspection during construction, enlargement, alteration, repair or removal of dams and mine tailings impoundment structures — Effect of noncompliance. During the construction, enlargement, repair, alteration, or removal of any dam, reservoir or mine tailings impoundment structure, the director shall make or cause to have made continuous or periodical inspections at state expense for the purpose of securing conformity with the approved plans and specifications, but shall require the owner to perform at his expense such work or tests as necessary to disclose information sufficient to enable him to determine that conformity with the approved plans and specifications is being secured, which shall include adequate inspection, at owner's expense to verify compliance with approved plans, drawings and specifications.

The work of construction, enlargement, repair, alteration or removal of a dam, reservoir or mine tailings impoundment structure, for which approved plans, drawings and specifications are required, shall be under the responsible charge of a professional engineer who shall certify that such construction, enlargement, repair, alteration or removal was done in accordance with approved plans, drawings and specifications. If, after any inspections, investigations or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval, it is found by the director that amendments, modifications or changes are necessary to insure safety, the director may order the owner to revise the plans and specifications. If conditions are revealed which will not permit the construction of a safe dam, reservoir or mine tailings impoundment structure, the approval may be revoked. In the event that conditions imposed may be waived or made less burdensome without sacrificing a proper margin of safety, the director may authorize an owner to revise the plans and specifications accordingly. If at any time during construction, enlargement, repair or alterations of any dam, reservoir or mine tailings impoundment structure the director finds that the work is not being done in accordance with the provision of the approval and the approved plans and specifications, he shall give a written notice and order by certified mail or by personal service to the owner. The notice and order shall state the particulars in which the approval and approved plans and specifications or the approval and approved plans and specifications as revised are not being or have not been complied with and shall order the immediate compliance with the approval and approved revised plans and specifications as the case may be. The director may order that no further work be done until such compliance has been effected and approved by him. A failure to comply with the approval and approved plans and specifications as originally approved or as revised shall render the approval subject to revocation by the director, if compliance is not made in accordance therewith after notice and order from him as provided in this chapter.

History:

[42-1715, added 1969, ch. 280, sec. 6, p. 833; am. 1974, ch. 20, sec. 16, p. 533; am. 1978, ch. 309, sec. 6, p. 789; am. 2016, ch. 206, sec. 4, p. 582.]
Idaho Code § 42-2201 — Idaho Code / Title 42 / Chapter 22 / Section 42-2201
42-2201 MAINTENANCE CHARGES — RIGHT TO COLLECT — BASIS OF ASSESSMENT — LIEN.
Status: in_force

42-2201. Maintenance charges — Right to collect — Basis of assessment — Lien. Any corporation heretofore organized or any corporation that shall hereafter be organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnishing water to its shareholders, and not for profit or hire, the control of which is actually vested in those entitled to the use of the water from such irrigation works for the irrigation of the lands to which the water from such irrigation works is appurtenant, shall have the right to levy and collect from the holders or owners of all land to which the water and water rights belonging to or diverted by said irrigation works are dedicated or appurtenant regardless of whether water is used by such owner or holder, or on or for his land; and also from the holders or owners of all other land who have contracted with such company, corporation or association of persons to furnish water on such lands, regardless of whether such water is used or not from said irrigation works, reasonable administrative charges, tolls, assessments and charges for the purpose of maintaining and operating such irrigation works and conducting the business of such company, corporation or association and meeting the obligations thereof, which tolls, assessments and charges shall, after projecting the revenue to be derived from an administrative charge of not to exceed fifty dollars ($50.00) to be levied against each holder of a stock certificate of the company:

(1) Be equally and ratably levied and may be based upon the number of shares or water rights held or owned by the owner of such land as appurtenant thereto; or

(2) May be based upon the amount of water used or said tolls, assessments and charges may be based on:

(a) A combination of a charge of a fixed amount per share for annual operation and maintenance and a charge for a fixed minimum amount of water per share, whether used or not, plus an additional charge based on the estimated amount of water to be delivered over the minimum, as requested by the farmer, including the energy costs of said excess delivery; or

(b) A combination of a charge for energy costs, based on the amount of water delivered, and a separate charge for all other operation and maintenance costs, based on the number of shares or water rights; or

(3) May be based upon any other method of assessment fairly allocating the costs of operating and maintaining the irrigation works which has been approved by the affirmative vote of at least two-thirds (2/3) of the shares entitled to vote at any annual, regular or special meeting of the shareholders at which the question of approving the method of assessment is brought properly before the meeting.

Such company, corporation or association of persons shall have a first and prior lien, except as to the lien of taxes, upon the land to which such water and water rights are appurtenant, or upon which it is used, said lien to be perfected, maintained and foreclosed in the manner set forth in this chapter: provided, that any right to levy and collect tolls, administrative charges, assessments and charges by any person, company of persons, association or corporation, or the right to a lien for the same, which does or may hereafter otherwise exist, is not impaired by this chapter.

History:

[(42-2201) added 1913, ch. 120, sec. 1, p. 464; reen. C.L. 129:2; am. 1919, ch. 115, sec. 1, p. 401; C.S., sec. 3040; am. 1925, ch. 107, sec. 2, p. 153; I.C.A., sec. 41-1901; am. 1980, ch. 196, sec. 1, p. 432; am. 1993, ch. 108, sec. 1, p. 276; am. 2016, ch. 132, sec. 1, p. 396.]
Idaho Code § 42-2212 — Idaho Code / Title 42 / Chapter 22 / Section 42-2212
42-2212 CONDEMNATION FUNDS FOR FUTURE EXPENSES — PERMANENT TRUST FUND — INVESTMENT.
Status: in_force

42-2212. Condemnation funds for future expenses — Permanent trust fund — Investment. When any corporation organized for the operation, control or management of an irrigation project or canal system, or for the purpose of furnishing water to its shareholders and not for profit or hire, shall receive through condemnation proceedings, or by contract made under threat of such proceedings, any funded amount to meet increased maintenance and operation expenses in future years as opposed to funds received as compensation for expenses incurred or to be incurred for the reconstruction or relocation of irrigation works, such funded amount shall constitute a permanent trust fund in the treasury of such company, and as such it shall be kept separate and apart from other funds of the company and such funded amount shall be invested by the board of directors of such company under the standards specified in the Prudent Man Investment Act as set forth in chapter 5, title 68, Idaho Code.

History:

[42-2212, added 1965, ch. 186, sec. 1, p. 393.]
Idaho Code § 42-304 — Idaho Code / Title 42 / Chapter 3 / Section 42-304
42-304 HEARING.
Status: in_force

42-304. Hearing. On the day set for the hearing the contestant and such contestees as have filed the affidavit hereinbefore required of them, shall file such affidavits in support of their respective allegations as they may desire, and the department of water resources may require such additional evidence and may make or cause to be made by an engineer whom the department may designate, such personal examination of the work done under the permit in question, as the department may deem necessary to enable it to render a fair decision: provided, that before making or causing such examination to be made the department shall estimate the cost of such examination and shall require the contestant to deposit a sum equal to such estimate and if after the making of such examination it is found that the amount so deposited is in excess of the cost of such examination the department shall return such excess to the contestant. For the purpose of producing additional testimony in making investigations, the department may continue the hearing to such time, not exceeding thirty (30) days, as would seem to it advisable. The hearing shall be conducted in accordance with section 42-1701A(1) and (2), Idaho Code, and the contestant or contestee may seek judicial review pursuant to section 42-1701A(4), Idaho Code, of the final order of the director.

History:

[(42-304) 1909, p. 299, part of sec. 2; reen. C.L., sec. 3265d; C.S., sec. 5587; I.C.A., sec. 41-304; am. 1980, ch. 238, sec. 11, p. 542.]
Idaho Code § 42-303 — Idaho Code / Title 42 / Chapter 3 / Section 42-303
42-303 NOTICE OF CONTEST.
Status: in_force

42-303. Notice of contest. Upon receipt of such petition, the department of water resources shall issue a notice, naming the petitioner as contestant and all persons, shown by the records of the department of water resources to have any claim of title or interest in the permit sought to be cancelled as contestees, and requiring all contestees to appear at the office of the department on a day to be specified therein, which day shall be not less than sixty (60) nor more than ninety (90) days from the date of the notice, and show cause, by affidavit, if any there be, why said permit should not be cancelled. Such notice shall be sent by registered mail, addressed to every person named therein at his last known post-office address.

History:

[(42-303) 1909, p. 299, part of sec. 2; reen. C.L., sec. 3265c; C.S., sec. 5586; I.C.A., sec. 41-303.]
Idaho Code § 42-3227 — Idaho Code / Title 42 / Chapter 32 / Section 42-3227
42-3227 SEPARABILITY.
Status: in_force

42-3227. Separability. If it should be judicially determined that any part of this act is invalid or unenforcible, such determination shall not affect the remaining parts, it being the intention to make this act and all its parts severable.

History:

[42-3227, added 1947, ch. 152, sec. 27, p. 364.]
Idaho Code § 42-3116 — Idaho Code / Title 42 / Chapter 31 / Section 42-3116
42-3116 DIRECTOR'S APPROVAL — WHEN REQUIRED.
Status: in_force

42-3116. director's approval — when required. (1) In the event that the district's activities and operations will alter a stream channel within the meaning of section 42-3802, Idaho Code, the district shall obtain the director's prior approval pursuant to chapter 38, title 42, Idaho Code.

(2) The district's conduct of flood response during a flooding emergency declared by the board shall not require a stream channel alteration permit, provided the district complies with the emergency waiver procedures consistent with section 42-3808, Idaho Code, and rules promulgated by the Idaho water resource board.

History:

[42-3116, added 2014, ch. 72, sec. 4, p. 186; am. 2024, ch. 175, sec. 4, p. 661.]
Idaho Code § 42-1315 — Idaho Code / Title 42 / Chapter 13 / Section 42-1315
42-1315 WATER DELIVERY ORGANIZATIONS TO FURNISH DIVERSION STRUCTURES AND MEASURING DEVICES.
Status: in_force

42-1315. WATER DELIVERY ORGANIZATIONS TO FURNISH diversion structures and measuring devices. (1) Each water delivery organization shall provide the necessary diversion structures and measuring devices at delivery points to control and measure the quantity of water being delivered to water users served by the water delivery organization, unless the bylaws or controlling documents of the water delivery organization provide otherwise.

(2) Measuring devices shall comply with standards approved by the department of water resources.

History:

[42-1315, added 2026, ch. 112, sec. 28, p. 576.]
Idaho Code § 42-233b — Idaho Code / Title 42 / Chapter 2 / Section 42-233b
42-233b GROUND WATER MANAGEMENT AREA.
Status: in_force

42-233b. Ground water management area. "Ground water management area" is defined as any ground water basin or designated part thereof which the director of the department of water resources has determined may be approaching the conditions of a critical ground water area. Upon designation of a ground water management area the director shall publish notice in two (2) consecutive weekly issues of a newspaper of general circulation in the area.

When a ground water management area is designated by the director of the department of water resources, or at any time thereafter during the existence of the designation, the director may approve a ground water management plan for the area. The ground water management plan shall provide for managing the effects of ground water withdrawals on the aquifer from which withdrawals are made and on any other hydraulically connected sources of water.

Applications for permits made within a ground water management area shall be approved by the director only after he has determined on an individual basis that sufficient water is available and that other prior water rights will not be injured.

The director may require all water right holders within a designated water management area to report withdrawals of ground water and other necessary information for the purpose of assisting him in determining available ground water supplies and their usage.

The director, upon determination that the ground water supply is insufficient to meet the demands of water rights within all or portions of a water management area, shall order those water right holders on a time priority basis, within the area determined by the director, to cease or reduce withdrawal of water until such time as the director determines there is sufficient ground water. Water right holders participating in an approved ground water management plan shall not be subject to administration on a time priority basis so long as they are in compliance with the ground water management plan.

History:

[42-233b, added 1982, ch. 90, sec. 1, p. 165; am. 2000, ch. 85, sec. 6, p. 187; am. 2016, ch. 297, sec. 1, p. 848.]
Idaho Code § 42-3008 — Idaho Code / Title 42 / Chapter 30 / Section 42-3008
42-3008 APPLICATION OF DRAINAGE DISTRICT LAW.
Status: in_force

42-3008. Application of drainage district law. The laws of the state of Idaho as they now exist, or as they may hereafter be amended or enacted in relation to drainage districts providing the form of bond to be issued, the issuance, registration and sale thereof, the levies to pay interest thereon and to create a sinking fund for the payment and redemption thereof, and for collection of such levies and for the calling and payment of said bonds shall govern and apply to the refunding bonds issued under the provisions of this chapter, when not in conflict herewith.

History:

[(42-3008) 1925, ch. 21, sec. 8, p. 29; I.C.A., sec. 41-2608.]
Idaho Code § 42-2808 — Idaho Code / Title 42 / Chapter 28 / Section 42-2808
42-2808 COOPERATION WITH STATE UNDER CAREY ACT.
Status: in_force

42-2808. Cooperation with state under Carey Act. All counties in which irrigation projects shall be established under the provisions of this chapter by order of the board of county commissioners and all counties containing part or portion of the lands to be irrigated or reclaimed under any such project, are hereby authorized to cooperate with the state of Idaho and with the national government under the provisions of the Carey Act laws of the United States and of the state of Idaho, and all such counties are authorized and empowered to exercise and do all acts granted or authorized to irrigation districts under the provisions of chapter 17 of title 43, and sections 43-1701 to 43-1712 inclusive, of the Idaho Code, and the board of county commissioners of every such county is authorized and empowered to exercise all powers granted under said chapter and sections to the boards of directors of irrigation districts in providing for the irrigation and reclamation of lands segregated under the Carey Act, and the collection and enforcement of the liens provided for such purpose.

History:

[(42-2808) 1921, ch. 222, sec. 8, p. 492; I.C.A., sec. 41-2408.]
Idaho Code § 42-5114 — Idaho Code / Title 42 / Chapter 51 / Section 42-5114
42-5114 POWER TO INCUR INDEBTEDNESS — ASSESSMENTS TO SECURE REPAYMENT.
Status: in_force

42-5114. Power to incur indebtedness — Assessments to secure repayment. In order to secure funds for the repair or abandonment of wells in the district, the board of directors may, by resolution duly adopted and entered upon the minutes, incur indebtedness by contract with a money-lending institution; provided, however, that the term of such indebtedness shall not exceed 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 42-5113, Idaho Code, and may only be levied if the indebtedness has been approved at the election contained in sections 42-5115 through 42-5119, Idaho Code.

History:

[42-5114, added 1987, ch. 349, sec. 1, p. 771.]
Idaho Code § 42-1202 — Idaho Code / Title 42 / Chapter 12 / Section 42-1202
42-1202 OPERATION AND MAINTENANCE OF IRRIGATION CONVEYANCE FACILITIES.
Status: in_force

42-1202. operation and maintenance of irrigation conveyance facilities. (1) Every person or entity owning or controlling any irrigation conduit for the purpose of irrigation shall:

(a) During the time the irrigation conduit is operated to deliver water for irrigation, keep a flow of water therein sufficient to meet the needs of the persons or entities entitled to the use of water therefrom. Such duty may be adjusted when there is insufficient water in the public streams or other natural water sources or when the board of directors or governing body of an entity furnishing water deems it in the best interests of that entity to reduce the water supply or dates of availability;

(b) Construct the necessary outlets in the irrigation conduit for proper delivery of water to persons and entities having rights to the use of the water;

(c) Not permit a greater quantity of water to be turned into the irrigation conduit than it will contain or than can be used for beneficial or useful purposes to prevent the wasting and useless discharge and running away of water; and

(d) Carefully keep and maintain the irrigation conduit in good repair and condition so as not to damage or in any way injure the property or premises of others and to prevent the water conveyed therein from wasting during the irrigation season.

(2) The duties to operate and maintain an irrigation conduit, whether statutory or common law, require reasonable care only and shall not be construed to impose strict liability or to otherwise enlarge the liability of the owners or operators thereof. The owners, constructors, or operators of irrigation conduits, while responsible for their own acts or omissions, shall not be liable for damage or injury caused by:

(a) The diversion or discharge of water into a irrigation conduit by a third party without the permission of the owner or operator thereof;

(b) Any other act or omission of a third party, other than an employee or agent of the owner or operator of the irrigation conduit; or

(c) An act of God, including but not limited to fire, earthquake, storm, or similar natural phenomenon.

(3) The provisions of this section shall not be construed to impair any defense that an owner, constructor, or operator of a irrigation conduit may assert in a civil action.

History:

[(42-1202) 42-1201, added 1899, sec. 15, p. 380; reen. R.C. & C.L., sec. 3306; C.S., sec. 5654; I.C.A., sec. 41-1101; am. 1989, ch. 236, sec. 1, p. 573; am. 2024, ch. 93, sec. 8, p. 435; am. and redesig. 2026, ch. 109, sec. 3, p. 559.]
Idaho Code § 42-4107 — Idaho Code / Title 42 / Chapter 41 / Section 42-4107
42-4107 USE OF WORKS — REVENUE.
Status: in_force

42-4107. Use of works — Revenue. Any district issuing bonds under this act for the acquisition, construction, reconstruction, improvement, betterment or extension of any works, shall have the right to appropriate, apply or expend the revenue of such works for the following purposes: (a) to pay when due all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, including reserves therefor; (b) to provide for all expenses of operation, maintenance, replacement and depreciation of such works, including reserves therefor; (c) to pay and discharge notes, bonds or other obligations and interest thereon, not issued under this act for the payment of which the revenue of such works may have been pledged, charged or encumbered; (d) to pay and discharge notes, bonds or other obligations and interest thereon which do not constitute a lien, charge or encumbrance on the revenue of such works, which may have been issued for the purpose of financing the acquisition, construction, reconstruction, improvement, betterment or extension of such works; and (e) provide a reserve for improvements to such works. Unless and until full and adequate provision has been made for the foregoing purposes, no district shall have the right to transfer the revenue of such works to its general fund.

History:

[42-4107, added 1976, ch. 62, sec. 1, p. 215.]
Idaho Code § 42-4105 — Idaho Code / Title 42 / Chapter 41 / Section 42-4105
42-4105 SUPERVISION OF WORKS.
Status: in_force

42-4105. Supervision of works. The construction, acquisition, improvement, equipment, custody, operation and maintenance of any works under the provisions of this act, and the collection of revenues therefrom for the service rendered thereby shall be under the supervision and control of the governing body of the district.

History:

[42-4105, added 1976, ch. 62, sec. 1, p. 214.]
Idaho Code § 42-3201 — Idaho Code / Title 42 / Chapter 32 / Section 42-3201
42-3201 DECLARATION OF PURPOSE.
Status: in_force

42-3201. Declaration of purpose. It is hereby declared that the organization of water and sewer districts, having the purposes and powers provided in this act, will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants of said districts.

History:

[42-3201, added 1947, ch. 152, sec. 1, p. 364.]
Idaho Code § 42-3701 — Idaho Code / Title 42 / Chapter 37 / Section 42-3701
42-3701 SHORT TITLE.
Status: in_force

42-3701. Short title. This act may be known and cited as the Watershed Improvement District Law.

History:

[42-3701, added 1957, ch. 226, sec. 1, p. 508.]
Idaho Code § 42-1759 — Idaho Code / Title 42 / Chapter 17 / Section 42-1759
42-1759 ANNUAL REPORT AND FINANCIAL STATEMENT TO GOVERNOR AND LEGISLATURE.
Status: in_force

42-1759. Annual report and financial statement to governor and legislature. An annual report shall be made to the governor and the legislature prior to each November following the close of the year, describing the work accomplished by use of the revolving development fund and including a complete financial statement.

History:

[42-1759, added 1969, ch. 333, sec. 10, p. 1051.]
Idaho Code § 42-3225 — Idaho Code / Title 42 / Chapter 32 / Section 42-3225
42-3225 EFFECT OF ELECTION — SUBSEQUENT ELECTIONS.
Status: in_force

42-3225. Effect of election — Subsequent elections. In the event that it shall appear from said returns that two-thirds (2/3) of said qualified electors who are taxpayers of the district who shall have voted on any proposition submitted hereunder at such election voted in favor of such proposition, the district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract or issue and sell such bonds of the district, as the case may be, all for the purpose or purposes and object or objects provided for in the proposition submitted hereunder and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.

History:

[42-3225, added 1947, ch. 152, sec. 25, p. 364.]
Idaho Code § 42-242 — Idaho Code / Title 42 / Chapter 2 / Section 42-242
42-242 DEFINITIONS.
Status: in_force

42-242. Definitions. Whenever used in this act, the terms:

(1) "Person" shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, state agency, or the state of Idaho, and the United States of America when claiming water rights established under the laws of the state of Idaho.

(2) "Notice in writing" means a notice substantially in the following form:

WATER RIGHTS NOTICE

Every person, including but not limited to an individual, partnership, association, public or private corporation, city or other municipality, county, state agency or the state of Idaho, and the United States of America, when claiming water rights established under the laws of the state of Idaho, is hereby notified that all water rights or claimed water rights relating to the withdrawal or diversion of public surface or ground waters of the state for uses other than domestic purposes, except those water rights based upon authority of 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, must be registered with the department of water resources, Boise, Idaho, not later than June 30, 1983. FAILURE TO REGISTER AS REQUIRED BY LAW WILL BE GROUNDS FOR INSTITUTING AN ACTION FOR FORFEITURE OF THE CLAIMED WATER RIGHT. For further information contact the Department of Water Resources, Boise, Idaho, for a copy of the act and an explanation thereof.

History:

[42-242, added 1978, ch. 345, sec. 5, p. 887; am. 1990, ch. 319, sec. 4, p. 873.]
Idaho Code § 42-2009 — Idaho Code / Title 42 / Chapter 20 / Section 42-2009
42-2009 CONTRACT FOR CONSTRUCTION OF RECLAMATION WORKS.
Status: in_force

42-2009. Contract for construction of reclamation works. Upon the withdrawal of the land by the department of the interior, it shall be the duty of the department of water resources to enter into a contract with the parties submitting the proposal, which contract shall contain complete specifications of the location, dimensions, character and estimated cost of the proposed ditch, canal or other irrigation works, the amount of water per acre which said works will make available at the water user's headgate, the price and terms per acre at which such works and perpetual water rights shall be sold to settlers and the price and terms upon which the state is to dispose of the lands to settlers. This contract shall not be entered into on the part of the state until the withdrawal of the lands by the department of the interior and the filing of a satisfactory bond on the part of the proposed contractor, which bond shall be in a penal sum equal to five per cent (5%) of the estimated cost of the works, and shall be conditioned for the faithful performance of the provisions of the contract with the state.

Should it appear at any time, in the judgment of the department of water resources, that the water supply of the party or parties with which such contract had been made, is inadequate to properly and sufficiently irrigate the lands so proposed in said contract to be irrigated, or that water rights have been sold to the full carrying capacity of the proposed ditch, canal or other irrigation works, or that water rights have been sold by said party or parties to the full amount or in excess of the actual appropriation of water made by said party or parties or to the full amount or in excess of the supply of water made actually available by said parties, then in that event the department of water resources shall have the right to enter an order forbidding said parties from making any further or additional sales of water rights or of shares of stock in any company representing or evidencing water rights, and after the entry of such order all further or additional sales of such water or water rights, shares of stock and contracts to sell the same made by said party or parties shall be null and void, and said department of water resources shall have the power to refuse to issue entryman's certificates thereon. This section shall apply to contracts heretofore made as well as contracts hereafter to be made by the department.

History:

[(42-2009) 1895, p. 215, ch. 2, sec. 12; reen. 1899, p. 282, ch. 2, sec. 12; reen. R.C., sec. 1621; am. 1917, ch. 104, sec. 1, p. 379; reen. C.L., sec. 1621; am. 1919, ch. 70, secs. 1, 2, p. 247; C.S., sec. 3004; I.C.A., sec. 41-1709.]
Idaho Code § 42-5247 — Idaho Code / Title 42 / Chapter 52 / Section 42-5247
42-5247 HEARING ON PETITION.
Status: in_force

42-5247. Hearing on petition. The board, at the time mentioned in said notice or at such other time to which the hearing may be adjourned, shall hear the petition and all the objections thereto. The failure of any person to appear and object shall be taken as an assent on his part to a change of the boundaries of the district as requested in the petition, or to such a change thereof as will include a part of the lands.

History:

[42-5247, added 1995, ch. 290, sec. 1, p. 1003.]
Idaho Code § 42-2912 — Idaho Code / Title 42 / Chapter 29 / Section 42-2912
42-2912 VACANCIES.
Status: in_force

42-2912. Vacancies. In case a vacancy or vacancies occur in said board by death, failure to appoint, failure to qualify, or resignation of one or more of the members thereof, such vacancy or vacancies shall be filled at once by appointment by the judge of the district court of the county in which said district is located, and said appointee shall serve for the unexpired term, or until his successor is appointed and his bond approved.

History:

[(42-2912) 1913, ch. 16, part of sec. 8, p. 58; reen. C.L. 168:10; C.S., sec. 4502; I.C.A., sec. 41-2512.]
Idaho Code § 42-1310 — Idaho Code / Title 42 / Chapter 13 / Section 42-1310
42-1310 ACTION FOR COLLECTION OF DELINQUENT ASSESSMENTS — ATTORNEY'S FEES.
Status: in_force

42-1310. ACTION FOR collection of delinquent Assessments — ATTORNEY'S FEES. (1) A lateral water users' association's board of directors or lateral manager, or the water delivery organization associated therewith, may sue to collect any delinquent assessments that are due and unpaid in any court of competent jurisdiction.

(2) Reasonable attorney's costs and fees may be collected, as determined by the court, in addition to the full delinquent assessment and all penalties and interest associated therewith and costs incurred in attempting to collect such assessment.

History:

[42-1310, added 2026, ch. 112, sec. 23, p. 574.]
Idaho Code § 42-3126 — Idaho Code / Title 42 / Chapter 31 / Section 42-3126
42-3126 DISSOLUTION OF DISTRICT.
Status: in_force

42-3126. Dissolution of district. A district may be dissolved by the district court for the county in which the office of a district was last located, on complaint or petition of parties holding and owning:

1. Fifty per cent (50%) or more of the issued, outstanding, unpaid bonds of such district; or

2. Fifty per cent (50%) or more of all land located within the boundaries of such district; or

3. Claims, warrants, liens or other legal obligations of such district in an amount equal to not less than thirty per cent (30%) of the issued, outstanding and unpaid bonds of such district; or

4. Upon the complaint of the director of the department of water resources.

It must be made to appear to the satisfaction of the court, by such complaint or petition, that any one (1) or more of the following conditions exist in or as to said district:

1. That the district has been abandoned, or for two (2) or more years last past has ceased to function, and there is little or no possibility that it will ever function in the future.

2. That no useful purpose exists for the further continuance of the organization of the district.

3. That there are not sufficient qualified voters of such district to hold a legal election.

History:

[42-3126, added 1971, ch. 300, sec. 26, p. 1219.]
Idaho Code § 42-2021 — Idaho Code / Title 42 / Chapter 20 / Section 42-2021
42-2021 FINAL PROOF AFTER DEATH OF ENTRYMAN.
Status: in_force

42-2021. Final proof after death of entryman. In all cases where lands have been entered under the provisions of section 42-2014 where entryman or his assignee has died prior to making final proof of reclamation, settlement and occupation, proof of reclamation may be made by an executor, administrator, heir or devisee, and proof of settlement may be made by such person or persons, or by an agent thereof. Any such entry may be devised or shall descend as other real estate.

History:

[(42-2021) 1911, ch. 14, sec. 1, p. 30; reen. C.L., sec. 1628b; C.S., sec. 3016; I.C.A., sec. 41-1721.]
Idaho Code § 42-205 — Idaho Code / Title 42 / Chapter 2 / Section 42-205
42-205 ISSUANCE OF PERMIT — RESTRICTIONS — PREFERENCE.
Status: in_force

42-205. Issuance of permit — Restrictions — Preference. (1) No permit shall be issued by the department of water resources of the state of Idaho, for the appropriation of water for power purposes, nor shall any such permit be assigned, transferred, mortgaged, sold or conveyed to any person, firm or corporation except in accordance with the provisions of this act.

(2) Water cannot be appropriated for hydropower development uses within or using existing man-made irrigation facilities without the permission of the owner thereof.

(3) When competing applications for a permit have been filed prior to the effective date of this act for the additional use for hydropower purposes that would utilize facilities that are owned or controlled by the holder of an existing water permit, license, decree, or established constitutional water usage, the director shall give preference to the application of the owner of the existing rights or his agent.

History:

[42-205, added 1937, ch. 142, sec. 1, p. 233; am. 1947, ch. 66, sec. 1, p. 106; am. 1981, ch. 206, sec. 1, p. 372.]
Idaho Code § 42-5127 — Idaho Code / Title 42 / Chapter 51 / Section 42-5127
42-5127 HEARING — NOTICE — ENTRY OF ORDER.
Status: in_force

42-5127. Hearing — Notice — Entry of order. (1) The petition shall be heard by the board of directors within sixty (60) days of filing of the petition and if no hearing is held within that time the petitioner or petitioners shall be deemed excluded from the district. If, prior to the date set for the hearing, the board issues an order excluding the petitioner or petitioners, no hearing need be held. The board shall give each petitioner notice of the time and place of the hearing in writing not less than fifteen (15) days prior to the hearing. It shall be sufficient to mail such notice by certified or registered mail to each petitioner's mailing address as indicated on the petition.

(2) At the hearing, if any, the petitioner or petitioners must establish by competent evidence the allegations of the petition. The chairman of the board is hereby empowered to administer oaths for the purpose of the hearing. If the allegations of the petition are established the board shall enter an order excluding the petitioner or petitioners, or any of them, from the district, which order shall reflect the nature of any outstanding and/or continuing liabilities to which the petitioner so excluded shall remain subject under the provisions of section 42-5129, Idaho Code.

History:

[42-5127, added 1987, ch. 349, sec. 1, p. 777.]
Idaho Code § 42-3322 — Idaho Code / Title 42 / Chapter 33 / Section 42-3322
42-3322 DIRECTOR OF DEPARTMENT OF WATER RESOURCES AND ATTORNEY GENERAL TO RENDER ASSISTANCE.
Status: in_force

42-3322. Director of department of water resources and attorney general to render assistance. It shall be the duty of the director of the department of water resources of the state of Idaho, and the attorney general of said state, or whoever they may appoint, to aid and assist the commissioners to be appointed for the state of Idaho, whenever necessary in order to facilitate their work in carrying out the intent and purposes of this act.

History:

[42-3322, added 1951, ch. 61, sec. 4, p. 89.]
Idaho Code § 42-2818 — Idaho Code / Title 42 / Chapter 28 / Section 42-2818
42-2818 REPAIRS — ASSESSMENTS — LANDS IN OTHER COUNTIES.
Status: in_force

42-2818. Repairs — Assessments — Lands in other counties. After the construction of any such public drainage or irrigation project within the state of Idaho under this chapter, and until the board of county commissioners shall have made a suitable contract with some existing irrigation or drainage district, or ditch or irrigation company for the operation and maintenance of said project, and in the case of irrigation projects for the distribution of the water supply made available from the reservoirs or other irrigation structure constructed or provided under this chapter to the lands in said county assessed for the benefits of such improvement, or in case no such contract is made with such district or company to act as the agency of the county for the distribution of the water and the maintenance and operation of the works, then until such time as the operating district herein provided for shall have taken over the operation and maintenance of said works in the distribution of water therefrom in the case of irrigation works and shall have provided the necessary funds for such operation, maintenance and distribution, the board of county commissioners of the county in which the lands assessed for the benefits of such irrigation or drainage project are located shall keep such works and all parts thereof in proper repair and shall make proper contracts and take all necessary steps to maintain and operate the same and pay the cost of such maintenance and operation, and in the case of irrigation projects to distribute the water made available by such works and provide for and pay the cost of such maintenance and operation, and in case there are public funds to the credit of the drainage or irrigation project so to be operated or maintained, to make such repairs and pay for such maintenance and operation, such fund may be expended by the board of county commissioners for such purpose without further assessment. In case there are no public funds to the credit of such irrigation or drainage project so to be operated and maintained, then except as hereinafter otherwise provided, the board of county commissioners shall pay for the same out of the general revenue funds of the county, and to raise the necessary money to reimburse that fund it is hereby authorized to apportion and assess the cost thereof upon all lands originally assessed for benefits by reason of the construction of said project, said apportionment and assessment to be in the same proportion as was the original assessment for benefits. Such board of county commissioners shall make a written statement of such assessment and deliver the same to the auditor of the county, who shall put the same upon the next succeeding tax record and tax roll of said county and who shall make and file in the office of the county recorder the lien statement covering the cost and expenses of such operation, maintenance and repair, and such assessment shall be a first and paramount lien upon the lands affected, the same as state and county taxes and shall be collected in like manner as the liens for the construction of the project, except that the same shall not be payable in instalments, but such operation and maintenance expense shall be provided for in each year's assessments. In case such assessment, or any part thereof is chargeable against lands in another county, then the amount thereof chargeable against such other county shall be the board of county commissioners of the county which has paid the same, be certified to the county auditor of such other county chargeable therewith, and such last-mentioned county auditor shall thereupon draw his warrant therefor in favor of and deliver the same to the county treasurer of the county which has paid the same, and such auditor drawing such warrant shall thereupon apportion and assess and file for the amount thereof upon all lands in said county originally assessed for benefits by reason of the construction of said project in the same proportion as was the original assessment of benefits.

History:

[(42-2818) 1921, ch. 222, sec. 18, p. 492; I.C.A., sec. 41-2418.]