Idaho Code § 42-1777 — Idaho Code / Title 42 / Chapter 17 / Section 42-1777
42-1777 WATER RESOURCES ADJUDICATION FUND.
Status: in_force

42-1777. Water resources adjudication fund. (1) A water resource adjudication fund is hereby created and established in the state treasury. The state controller may establish multiple fund details within the fund to account for fees collected from different adjudications. Fee moneys in the fund are to be utilized by the department of water resources, upon appropriation by the legislature, to pay the costs of the department attributable to general water rights adjudications conducted pursuant to chapter 14, title 42, Idaho Code.

The state treasurer is directed to invest all moneys in the fund. All interest or other income accruing from such investment shall accrue to the appropriate fund detail.

(2) Fee moneys in the fund may also be utilized by the judiciary, upon appropriation by the legislature, to pay for judicial expenses directly relating to each adjudication including, but not limited to, compensation and expenses of special masters appointed by the Idaho supreme court or by the district court, compensation and expenses of clerical staff of the district court, and publication, notice and mailing costs incurred by the district court.

History:

[42-1777, added 1985, ch. 18, sec. 4, p. 31; am. 1986, ch. 220, sec. 24, p. 582; am. 2006, ch. 400, sec. 5, p. 1224.]
Idaho Code § 42-2981 — Idaho Code / Title 42 / Chapter 29 / Section 42-2981
42-2981 CERTAIN PUBLIC AND PRIVATE LANDS LIABLE FOR COSTS AND EXPENSE OF DRAINAGE — COLLECTION OF DRAINAGE CHARGES.
Status: in_force

42-2981. Certain public and private lands liable for costs and expense of drainage — Collection of drainage charges. Lands, whether public or private, which have been developed for commercial, industrial, recreational, residential, governmental or highway purposes, and from which surface water or seepage drain into the irrigation or drainage system of any person or persons, canal company, irrigation district, drainage district, or ditch owners' association, shall be liable for a proportionate share of the cost and expense of operating, maintaining, repairing and replacing the portions of such system which are used or allocated for drainage purposes. Drainage charges for any such lands which are not subject to the regular assessment powers of the person or entity owning or controlling the system shall be billed to, and shall be paid promptly by, the governmental unit owning the land. If the lands are privately owned, the drainage charges shall be billed to, and shall be paid promptly by the county in which the lands are located, and such charges shall be included in the county budget as a separate fund for drainage, the tax for which shall be levied against all privately owned lands in the county which are benefited by such drainage and which are not subject to the regular assessment powers of the owner of the irrigation or drainage system.

History:

[42-2981, added 1978, ch. 271, sec. 1, p. 628.]
Idaho Code § 42-4008 — Idaho Code / Title 42 / Chapter 40 / Section 42-4008
42-4008 WELL ABANDONMENT — ORDER OF APPROVAL OR DISAPPROVAL.
Status: in_force

42-4008. Well abandonment — Order of approval or disapproval. The director may, before the proposed date for commencing any abandonment operation, approve by order in writing, or, if found to be necessary, approve orally to be followed within forty-eight (48) hours by a written approval order, or disapprove by order in writing, any proposed abandonment. An approval order may be made conditional or limited. Any conditional or limited approval order and any disapproval order shall be accompanied by requests for further tests or other practices than those proposed by the person seeking approval, which tests or practices would remove the disability from the proposed abandonment.

History:

[42-4008, added 1972, ch. 301, sec. 9, p. 749; am. 1974, ch. 20, sec. 56, p. 533.]
Idaho Code § 42-5205 — Idaho Code / Title 42 / Chapter 52 / Section 42-5205
42-5205 NOTICE OF COUNTY COMMISSION HEARING.
Status: in_force

42-5205. Notice of county commission hearing. When the petition is presented, the county commission shall set a time for a hearing on the petition, which shall not be less than four (4) nor more than eight (8) weeks from the date of presentation, unless extended by the county commission for good cause. A notice of the time of such hearing shall be published by the county clerk, at the direction of the commission, at least three (3) weeks before the time of such hearing, in a newspaper or newspapers as required in section 42-5204, Idaho Code.

History:

[42-5205, added 1995, ch. 290, sec. 1, p. 986.]
Idaho Code § 42-5107 — Idaho Code / Title 42 / Chapter 51 / Section 42-5107
42-5107 REGISTRATION REQUIRED.
Status: in_force

42-5107. Registration required. Pursuant to the provisions of section 34-1402, Idaho Code, registration shall be required of qualified electors, as defined in section 42-4206, Idaho Code, in any election held in the ground water management district. In addition to the requirements specified in section 34-1402, Idaho Code, the election official shall also verify that the elector is a water user, as defined in subsection (1) of section 42-5102, Idaho Code, or a representative of such water user, within the district.

History:

[42-5107, added 1987, ch. 349, sec. 1, p. 767; am. 1995, ch. 118, sec. 84, p. 498.]
Idaho Code § 42-5212 — Idaho Code / Title 42 / Chapter 52 / Section 42-5212
42-5212 REGISTRATION NOT REQUIRED.
Status: in_force

42-5212. Registration not required. No registration shall be required in any ground water district election, but in lieu thereof the judges of election shall require every elector to subscribe to an elector's oath as prerequisite to casting his vote, and such oath shall be the usual elector's oath with the following words added thereto, "I am a resident of ………. county, and I am a ground water user within the ……. (proposed) ground water district, or I am a representative of a ground water user within the ……. (proposed) ground water district" and present evidence of such ground water use pursuant to section 42-5201(16), Idaho Code, if they do not appear on the department's list as provided in section 42-5206, Idaho Code.

History:

[42-5212, added 1995, ch. 290, sec. 1, p. 989; am. 2005, ch. 367, sec. 3, p. 1158.]
Idaho Code § 42-5272 — Idaho Code / Title 42 / Chapter 52 / Section 42-5272
42-5272 DISSOLUTION — APPEAL.
Status: in_force

42-5272. Dissolution — Appeal. Each party to any proceeding for dissolution of a district under this act shall have the right of appeal as in other civil cases.

History:

[42-5272, added 1995, ch. 290, sec. 1, p. 1011.]
Idaho Code § 42-1713 — Idaho Code / Title 42 / Chapter 17 / Section 42-1713
42-1713 FEES.
Status: in_force

42-1713. Fees. Fees provided for in this chapter shall be required of all enumerated in the definition of owner. Fees for an enlargement to an existing dam or mine tailings impoundment structure shall be based upon the increase in storage capacity or tailings storage capacity. Fees for alterations or repairs of an existing dam or mine tailings impoundment structure shall be based on an estimate, made by the director, of costs of inspections to be made, however, in no case shall such fees exceed that which would be required by the fee schedule for construction of the dam or mine tailings impoundment structure.

The fee for construction of a dam or mine tailings impoundment structure, or for enlarging an existing dam or mine tailings impoundment structure, shall be two hundred dollars ($200) plus the following amount:

(a) For one thousand (1,000) acre-feet capacity or less, ten dollars ($10.00) for each ten (10) acre-feet or part thereof.

(b) For over one thousand (1,000) acre-feet capacity but not exceeding ten thousand (10,000) acre-feet capacity, one thousand dollars ($1,000) plus one dollar ($1.00) for each ten (10) acre-feet or part thereof over the first one thousand (1,000) acre-feet capacity.

(c) For storage in excess of ten thousand (10,000) acre-feet, one thousand nine hundred dollars ($1,900) plus twenty cents (20¢) for each ten (10) acre-feet or part thereof over the first ten thousand (10,000) acre-feet capacity. In no case, however, shall the fee be more than six thousand dollars ($6,000).

All plans, drawings and specifications shall not be considered by the department until the filing fee is received. All moneys received by the department under the provisions of this chapter shall be deposited in the water administration fund created under section 42-238a, Idaho Code, and shall be available to the department in carrying out the provisions of this chapter. Fees submitted shall not be refunded.

History:

[42-1713, added 1969, ch. 280, sec. 4, p. 833; am. 1970, ch. 73, sec. 2, p. 187; am. 1974, ch. 20, sec. 14, p. 533; am. 1978, ch. 309, sec. 4, p. 788; am. 1980, ch. 195, sec. 1, p. 431; am. 2004, ch. 169, sec. 1, p. 548.]
Idaho Code § 42-3129 — Idaho Code / Title 42 / Chapter 31 / Section 42-3129
42-3129 PETITION FOR ANNEXATION OF LAND.
Status: in_force

42-3129. PETITION FOR ANNEXATION OF LAND. The holder or holders of any title, or evidence of title, representing any body of lands, may file with the board of commissioners of a flood control district a petition in writing praying that said land may be annexed into the district. The lands proposed to be annexed to the district may be contiguous or noncontiguous to the existing boundaries of the district. The petition shall be submitted on a form provided by the district. The petition shall contain a legal description of the lands proposed to be annexed and any other information the district may require, and the petitioners shall state under oath that petitioners hold title to the lands. The board may require petitioners to advance to the district sufficient money to pay the district's estimated costs of proceedings on the petition.

History:

[42-3129, added 2020, ch. 249, sec. 1, p. 730; am. 2021, ch. 158, sec. 1, p. 437.]
Idaho Code § 42-2018 — Idaho Code / Title 42 / Chapter 20 / Section 42-2018
42-2018 CAREY ACT TRUST FUND — CONTINUING APPROPRIATION.
Status: in_force

42-2018. Carey Act trust fund — Continuing appropriation. As provided in the act of congress all moneys received by the department of water resources from the sale of lands selected under the provisions of this chapter shall be deposited with the state treasurer, and such sums as may be necessary shall be available for the payment of the expenses of the department of water resources incurred in carrying out the provisions of this chapter.

Such expenses shall be paid by the state controller in the manner provided by law, upon vouchers duly approved by the state board of examiners, for the work performed under the direction of the department of water resources; and any balance remaining over and above the expense necessary to carry out the provisions of this chapter shall constitute a trust fund in the hands of the state treasurer to be used only for the reclamation of other arid lands; provided, however, that any funds in the hands of the state treasurer in excess of fifty thousand dollars ($50,000) may be loaned by the department of finance in the manner and form prescribed by the laws of this state for the loan of school funds; provided, also, that said department of finance shall have and is hereby granted power and authority to sell, transfer or assign said securities, or any part thereof, whenever said department of water resources shall determine that the Carey Act fund has use for, and needs, the money aforesaid in carrying out the purposes of the trust imposed upon the state by the laws of the state or United States. No sale, transfer or assignment, aforesaid, shall be made by said department of finance for less than the face value and accrued interest of said securities.

History:

[(42-2018) 1895, p. 215, ch. 2, sec. 18; reen. 1899, p. 282, ch. 2, sec. 18; am. R.C., sec. 1627; am. 1911, ch. 219, sec. 1, p. 701; C.L., sec. 1627; C.S., sec. 3013; I.C.A., sec. 41-1718; am. 1969, ch. 466, sec. 6, p. 1326; am. 1994, ch. 180, sec. 84, p. 484.]
Idaho Code § 42-5113 — Idaho Code / Title 42 / Chapter 51 / Section 42-5113
42-5113 LEVY OF ASSESSMENTS.
Status: in_force

42-5113. Levy of assessments. The secretary of the board of directors shall be the assessor of the district, and on or before August 1 of each year shall prepare an assessment book containing a full and accurate list of all water users within the district.

At a regular meeting of the board between August 1 and November 1 of each year, the board of directors shall determine the amount necessary to be raised for payment of the annual payment on any and all indebtedness of the district for the following year. Money received in payment of such assessments shall be deposited in a separate fund to be known as the debt retirement fund. The board of directors may, in addition, determine the amount necessary to pay the expenses of making the assessment book, giving notice of assessments and making collections thereof and for the cost of contracts with state or federal agencies for monitoring programs, or evaluation of proposed contracts, and may levy assessments against the water users in the district sufficient to raise such amount. Money received in payment of such assessments shall be deposited in a separate fund to be known as the operating expense fund.

Each water user shall pay a proportionate share of the total of all amounts to be raised for the purposes aforementioned, which share shall be based on the ratio which the quantity of water such water user is authorized to appropriate under his water right or rights bears to the total quantity of water authorized for appropriation under the water rights of all water users in the district; provided, however, that the combined annual assessment against each water user shall not exceed one hundred dollars ($100) per second foot of water the water user is entitled to appropriate under his water right or rights, except, that the district may establish a ten dollar ($10.00) minimum assessment for any water user.

History:

[42-5113, added 1987, ch. 349, sec. 1, p. 770.]
Idaho Code § 42-3223 — Idaho Code / Title 42 / Chapter 32 / Section 42-3223
42-3223 NOTICE OF ELECTION.
Status: in_force

42-3223. Notice of election. The board shall prescribe the form of the notice of election, and direct the publication of the same in accordance with the provisions of sections 34-1405 and 34-1406, Idaho Code.

History:

[42-3223, added 1947, ch. 152, sec. 23, p. 364; am. 1995, ch. 118, sec. 69, p. 487.]
Idaho Code § 42-3707 — Idaho Code / Title 42 / Chapter 37 / Section 42-3707
42-3707 APPOINTMENT, QUALIFICATIONS AND TENURE OF DIRECTORS.
Status: in_force

42-3707. Appointment, qualifications and tenure of directors. The governing body of the district shall consist of three (3) directors elected or appointed as provided hereinabove. The director appointed by the commission shall be an owner of land within the district and shall be a person who by training and experience is qualified to perform the specialized service which will be required in the performance of his duties hereunder. The term of office of each director shall be four (4) years, except that the director first appointed by the state soil and water conservation commission shall be designated to serve for a term of two (2) years from the date of his appointment. A director shall hold office until his successor has been elected or appointed, and has qualified. Vacancies shall be filled for an unexpired term by a majority of the directors duly qualified and acting at the time the vacancy shall arise. A majority of the directors shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination. A director shall receive no compensation for his service, but shall be entitled to expenses, including traveling expenses necessarily incurred in the discharge of his duties.

The directors may employ a secretary, technical experts, and such other employees, permanent and temporary, as they may require, and shall determine their qualifications, duties, and compensation. The directors may employ their own counsel and legal staff. The directors may delegate to their chairman, to one (1) or more directors, or to agents or employees such powers and duties as they may deem proper and necessary. The directors shall furnish to the state soil and water conservation commission, upon request, copies of such documents or other information concerning the directors' activities as said commission may require in the performance of its duties under this chapter. The directors shall provide for the keeping of a record of all proceedings, resolutions, regulations and orders issued or adopted; shall provide for an annual audit of its accounts, and shall provide for the execution of surety bonds by any employee or officer who shall be entrusted with funds or property of the district.

History:

[42-3707. added 1957, ch. 226, sec. 7, p. 508; am. 2010, ch. 279, sec. 31, p. 753.]
Idaho Code § 42-5254 — Idaho Code / Title 42 / Chapter 52 / Section 42-5254
42-5254 SURVEY OF LAND TO BE EXCLUDED.
Status: in_force

42-5254. Survey of land to be excluded. The board of directors may cause any survey to be made it deems necessary for the purpose of determining the change in the district by reason of an exclusion or proposed exclusion. If the land described in the petition is described in accordance with the public survey or in accordance with a plat approved, filed and recorded as provided by law, the cost of survey shall be borne by the district, otherwise the cost shall be borne by petitioner.

History:

[42-5254, added 1995, ch. 290, sec. 1, p. 1006.]
Idaho Code § 42-218 — Idaho Code / Title 42 / Chapter 2 / Section 42-218
42-218 PROOF OF APPLICATION TO BENEFICIAL USE — EXTENSION OF TIME.
Status: in_force

42-218. Proof of application to beneficial use — Extension of time. Whenever a less period of time than the maximum prescribed in section 42-204 has been granted by the department of water resources for making proof of beneficial use, upon a satisfactory showing being made by the permit holder, the department can extend the time for making such proof of beneficial use, but in no case shall such extension or extensions, including the original time granted, exceed the maximum prescribed in section 42-204. The department shall grant no extension unless the application therefor be filed with it prior to the date upon which the proof of beneficial use was required to be made under the original terms of the permit.

History:

[(42-218) 1913, ch. 47, sec. 1, p. 154; am. by implication, 1915, ch. 94, sec. 1, p. 216; adding a proviso extending the maximum period of ten years in some cases; compiled and reen. C.L., sec. 3260a; C.S., sec. 5578; I.C.A., sec. 41-212; am. 1967, ch. 374, sec. 9, p. 1079.]
Idaho Code § 42-3904 — Idaho Code / Title 42 / Chapter 39 / Section 42-3904
42-3904 APPLICATION FOR PERMIT — OWNER — OPERATOR RESPONSIBLE — NOTICE OF CONSTRUCTION FORM.
Status: in_force

42-3904. Application for permit — Owner — Operator responsible — Notice of construction form. (1) The owner or operator shall make application to the director of the department of water resources for a permit as provided in this chapter. When a facility is owned by one (1) person but operated by another, it shall be the operator's duty to obtain a permit. Such application shall be upon forms furnished by the director which shall require information concerning the location and description of the injection well, the quantity, quality, and nature of the material being or proposed to be injected, the description of the underground formation and aquifer into which the material is proposed to be or is being injected, the availability of alternative sources of disposal, and such other information as will enable the director to determine the effect of injection upon the quality of the ground water, the effect upon the beneficial uses of said ground water, the effect upon the public health and the effect upon public benefits derived therefrom, if any. Such application shall be submitted complete with fees as provided in this chapter. Mine shafts used for the disposal of wastes resulting from the mining and concentration process shall be exempt from the permit requirements of this chapter until an inventory and assessment of the contamination potential posed by such operation is completed.

(2) Owners of new shallow injection wells drilled after July 1, 1997, shall submit a notice of construction form to the department of water resources no later than thirty (30) days prior to commencement of construction for each new well. The notice of construction form shall be submitted with the fee as provided in this chapter on a form provided by the department of water resources.

History:

[42-3904, added 1971, ch. 301, sec. 4, p. 1235; am. 1974, ch. 20, sec. 39, p. 533; am. 1984, ch. 155, sec. 5, p. 374; am. 1997, ch. 208, sec. 1, p. 624; am. 2011, ch. 110, sec. 4, p. 289.]
Idaho Code § 42-104 — Idaho Code / Title 42 / Chapter 1 / Section 42-104
42-104 APPROPRIATION MUST BE FOR BENEFICIAL PURPOSE.
Status: in_force

42-104. Appropriation must be for beneficial purpose. The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such purpose, the right ceases.

History:

[(42-104) R.S., sec. 3156; 1899, p. 380, sec. 3; reen. R.C. & C.L., sec. 3243; C.S., sec. 5559; I.C.A., sec. 41-104.]
Idaho Code § 42-2211 — Idaho Code / Title 42 / Chapter 22 / Section 42-2211
42-2211 SECURING SUPPLEMENTAL WATER — ANNUAL LEVIES — DELIVERY OF WATER UPON PAYMENT.
Status: in_force

42-2211. Securing supplemental water — Annual levies — Delivery of water upon payment. Any corporation of the character described in this chapter, in order to secure additional water for the irrigation of the lands of its stockholders to supplement their natural flow rights, by the construction of dams or other works and the storing or impounding of winter flow, or flood, or other waters, may contract with the United States bureau of reclamation, public works administration, reconstruction finance corporation, resettlement administration or any other federal agency or instrumentality, or with any person, agency or corporation, for the construction of necessary works, or the loan of moneys for such construction, and may provide in such contract that said corporation will annually levy an assessment against its stockholders sufficient in amount to pay all obligations created by such contract, as the same mature, and will collect the same as tolls, and may provide that no part of such supplementary water shall be delivered to any stockholder until his annual toll and assessment levied with respect to such supplemental water has been paid. Any corporation so contracting shall not deliver such supplemental water to any stockholder or user except upon payment in full of such annual toll and assessment; provided, however, that no such contract may be entered into by any corporation unless and until its board of directors shall have been authorized so to do by resolution of its stockholders adopted at a regular or special meeting thereof. Nothing herein contained shall be construed to in any way affect or impair any rights such corporation now has under the law to levy and collect assessments for corporate purposes.

History:

[42-2211, added 1937, ch. 234, sec. 1, p. 420.]
Idaho Code § 42-1721 — Idaho Code / Title 42 / Chapter 17 / Section 42-1721
42-1721 INITIAL CONSTRUCTION, LIFT CONSTRUCTION, ENLARGEMENT, OR ALTERATION OF TAILINGS IMPOUNDMENT STRUCTURES — SUBMISSION OF DUPLICATE PLANS, DRAWINGS AND SPECIFICATIONS.
Status: in_force

42-1721. Initial construction, lift construction, enlargement, or alteration of tailings impoundment structures — Submission of duplicate plans, drawings and specifications. Owners who shall desire to construct, or enlarge, or alter or repair, meaning only such alterations or repairs as may affect the safety of the structure, any mine tailings impoundment structure for the purpose of storing mine tailings slurry when the same is to be more than thirty (30) feet in height shall submit duplicate plans, drawings and specifications of the proposed work to the director, and construction of the new mine tailings impoundment structure, alteration or repair shall not be commenced until the owner has applied for and obtained written approval of the plans, drawings and specifications.

Owners of mine tailings impoundment structures upon which construction, lift construction, enlargement or alteration is under way on July 1, 1978, and for which plans, drawings and specifications would be required if such work had commenced subsequent to July 1, 1978, shall submit plans, drawings and specifications with respect to that portion of the work to be performed subsequent to July 1, 1978, as are required, together with the fee established hereinafter. In the event that the owner fails to submit such plans, drawings and specifications contemplated by this paragraph within sixty (60) days, the director shall give notice to owners to submit plans, drawings and specifications, and failure to submit plans, drawings and specifications within thirty (30) days of the date of mailing the notice shall be punishable as provided in this chapter. Construction, lift construction, enlargement, or alteration which is under way on July 1, 1978 may be stopped upon issuance of an order by the director for good cause shown, as determined by the director. The notice and/or order provided for in this paragraph shall state the good cause for stoppage determined by the director and shall be given by personal service or certified mail and a return receipt signed by the owner or responsible company shall constitute prima facie evidence of service.

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

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

The construction of all mine tailings impoundment structures under plans, drawings and specifications approved by the director shall be pursued with reasonable diligence to completion, taking into consideration the nature of and purpose for which said construction, lift construction, enlargement or alteration is made.

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

(a) The name and address of the owner.

(b) The location, type, size and height of the proposed mine tailings impoundment structure and appurtenant works.

(c) The storage capacity of the impoundment area.

(d) Such other pertinent information as the director may require consistent with good engineering practice including the following:

(1) Data concerning subsoil and foundation conditions and materials entering into construction of the mine tailings impoundment structure.

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

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

The plans, drawings and specifications shall be of such character and size setting forth such pertinent details and dimensions and in such form as the director requires consistent with good engineering practice. Plans, drawings and specifications which are submitted to the department shall be prepared by or under the direction of a professional engineer who is entitled to practice the profession of engineering pursuant to chapter 12, title 54, Idaho Code.

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

History:

[42-1721, added 1978, ch. 309, sec. 12, p. 796.]
Idaho Code § 42-227 — Idaho Code / Title 42 / Chapter 2 / Section 42-227
42-227 DRILLING AND USE OF WELLS FOR DOMESTIC PURPOSES EXCEPTED.
Status: in_force

42-227. Drilling and use of wells for domestic purposes excepted. (1) Except as provided in subsection (4) of this section, excavation and opening of wells and the withdrawal of water therefrom for domestic purposes or uses as defined in section 42-111, Idaho Code, shall not be subject to permit requirements under section 42-229, Idaho Code. Rights to ground water for such domestic purposes may be acquired by withdrawal and use.

(2) Wells and withdrawal devices for domestic purposes or uses shall be subject to inspection by the department of water resources and the department of environmental quality.

(3) Well drillers shall be licensed pursuant to the licensing provisions of section 42-238, Idaho Code.

(4) For purposes of new diversions for use within subdivisions, as defined in section 42-111, Idaho Code, where the completed application to develop the subdivision is filed pursuant to chapter 65, title 67, Idaho Code, on or after July 1, 2025, in any area where the director of the department of water resources has issued a moratorium order on the development of new water rights or has designated a critical ground water area or ground water management area, a permit pursuant to section 42-229, Idaho Code, shall be required for the diversion of water for any new domestic purposes or uses, as defined in section 42-111, Idaho Code, other than for in-home uses, as defined in section 42-111, Idaho Code, or watering livestock.

History:

[42-227, added 1951, ch. 200, sec. 2, p. 423; am. 1970, ch. 187, sec. 1, p. 541; am. 1978, ch. 324, sec. 1, p. 819 ; am. 2001, ch. 103, sec. 79, p. 318; am. 2025, ch. 129, sec. 2, p. 664; am. 2026, ch. 2, sec. 2, p. 8.]
Idaho Code § 42-5229 — Idaho Code / Title 42 / Chapter 52 / Section 42-5229
42-5229 REPORT TO DEPARTMENT OF WATER RESOURCES.
Status: in_force

42-5229. Report to department of water resources. At least as often as once a year after organization, the board of directors shall make a report to the department of the condition of the work of any mitigation plans developed by the district, as to capacity, stability and permanency, and whether or not any such mitigation plans are being successfully carried out, and whether or not in the opinion of the board the funds available will complete and maintain the mitigation plans. Upon the receipt of such report by the department, it may make such suggestions and recommendations to such board of directors as it deems advisable for the best interest of the district.

History:

[42-5229, added 1995, ch. 290, sec. 1, p. 996.]
Idaho Code § 42-4219 — Idaho Code / Title 42 / Chapter 42 / Section 42-4219
42-4219 PAYMENT OF ASSESSMENTS — WHEN DELINQUENT — INTEREST AND PENALTIES.
Status: in_force

42-4219. Payment of assessments — When delinquent — Interest and penalties. Assessments shall be due and payable on or before December 31 of each year. On or before the first day of December, the treasurer of the district shall publish a notice for a period of not less than two (2) weeks in a newspaper published or having general circulation in each of the counties in which any part of the district is situated setting forth the date by which assessments must be paid and the times and places at which payment may be made.

Assessments unpaid on December 31 shall be delinquent and shall bear interest at the rate of eight percent (8%) per annum until paid. Delinquent assessments, in addition, shall be subject to a penalty in the amount of fifty cents ($.50) per second foot of water the water user is entitled to appropriate under the water right or rights forming the basis of his assessment.

The maximum annual assessment limitation specified in section 42-4215, Idaho Code, shall apply only to the amount of the assessment itself, and the interest and penalty herein prescribed shall be collectible along with the amount of the delinquent assessment, notwithstanding that the assessment itself is at the maximum specified in that section.

History:

[42-4219, added 1978, ch. 293, sec. 1, p. 735.]
Idaho Code § 42-708 — Idaho Code / Title 42 / Chapter 7 / Section 42-708
42-708 REPORTS OF DISTRICT HYDROGRAPHERS.
Status: in_force

42-708. Reports of district hydrographers. All district hydrographers shall make and certify annually a report to the department of water resources, in a form and containing the information required by the director of the department of water resources, prior to the expiration of the district hydrographer's appointment for the current year. This report shall show the amount of water diverted at each diversion as measured or determined by the district hydrographer during the preceding period from November 1 through October 31, the total expense of the district and the apportionment of expenses among users and all debits and credits to be carried over to the following year. Such report shall also include records of stream flow, depth to ground water measurements, current names and addresses of appropriators or water users within the district and such other information as the district hydrographer collected or caused to be collected in the course of completing the duties of the district as instructed by the director. The director may also ask for other information deemed necessary in assuring proper administration of water within the district. The reports of district hydrographers to the department of water resources shall be filed and kept in the office of the department.

History:

[42-708, added 1995, ch. 291, sec. 3, p. 1020.]
Idaho Code § 42-4007 — Idaho Code / Title 42 / Chapter 40 / Section 42-4007
42-4007 WELL ABANDONMENT OR DISCONTINUANCE OF OPERATION — NOTICE.
Status: in_force

42-4007. Well abandonment or discontinuance of operation — Notice. At least five (5) days before any operation to abandon any well or injection well is commenced, the owner or operator thereof shall submit in writing a notification of intention to abandon to the director for approval, except that it shall be permissible to give oral notice followed within twenty-four (24) hours by written confirmation. Such notification shall clearly state the condition of the well or injection well, and the proposed method of abandonment. No person shall commence any operation to abandon a well or an injection well without approval by the director.

History:

[42-4007, added 1972, ch. 301, sec. 8, p. 749; am. 1974, ch. 20, sec. 55, p. 533.]
Idaho Code § 42-1779 — Idaho Code / Title 42 / Chapter 17 / Section 42-1779
42-1779 STATEWIDE COMPREHENSIVE AQUIFER PLANNING AND MANAGEMENT EFFORT.
Status: in_force

42-1779. Statewide comprehensive aquifer planning and management effort. Pursuant to the provisions of Idaho law and legislative funding approval, the Idaho water resource board and the Idaho department of water resources shall conduct a statewide comprehensive aquifer planning and management effort over a ten (10) year period of time beginning in fiscal year 2009. Funding for the statewide comprehensive aquifer planning and management effort shall be used for technical studies, facilitation services, hydrologic monitoring, measurement and comprehensive plan development as well as for personnel costs, operating expenses and capital outlay associated with the statewide comprehensive aquifer planning and management effort.

History:

[42-1779, added 2008, ch. 134, sec. 2, p. 377.]
Idaho Code § 42-1430 — Idaho Code / Title 42 / Chapter 14 / Section 42-1430
42-1430 THE COEUR D'ALENE TRIBE WATER RIGHTS SETTLEMENT AGREEMENT — RATIFICATION AND AUTHORIZATION FOR IMPLEMENTATION.
Status: in_force

42-1430. the coeur d'alene tribe water rights settlement agreement — ratification and authorization for implementation. (1) As used in this section:

(a) "The Coeur d'Alene tribe water rights settlement agreement of 2026" or "agreement" means the Coeur d'Alene tribe water rights settlement agreement dated 2026, relating to CSRBA consolidated subcase No. 91-7755 in the CSRBA court.

(b) "CSRBA" means the Coeur d'Alene-Spokane river basin adjudication litigation before the CSRBA court, In re CSRBA, No. 49576.

(c) "CSRBA court" means the district court of the fifth judicial district of the state of Idaho, in and for the county of Twin Falls.

(2) The Coeur d'Alene tribe water rights settlement agreement of 2026 is hereby approved, ratified, and confirmed.

(3) The executive branch agencies or officers of the state with obligations under the Coeur d'Alene tribe water rights settlement agreement of 2026 shall execute and perform all actions consistent with this section that are necessary to implement the agreement.

History:

[42-1430, added 2026, ch. 181, sec. 1, p. 822.]
Idaho Code § 42-1701 — Idaho Code / Title 42 / Chapter 17 / Section 42-1701
42-1701 CREATION OF DEPARTMENT OF WATER RESOURCES — DIRECTOR — QUALIFICATIONS — DUTIES.
Status: in_force

42-1701. Creation of department of water resources — Director — Qualifications — Duties. (1) There is hereby created the department of water resources, which shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of the state government.

(2) The executive and administrative authority of the department, except such authority as is specifically assigned by law to the water resource board, shall be vested in a director of the department of water resources who shall be: a licensed civil or agricultural engineer with not less than five (5) years of experience in the active practice of such profession; a registered geologist with not less than five (5) years of experience in the active practice of hydrology; or a hydrologist holding a bachelor's or advanced degree in hydrology from a college or university accredited by a nationally recognized accrediting organization and with not less than five (5) years of experience in surface water and ground water modeling, water delivery and water measurement. The director of the department of water resources shall also demonstrate experience and expertise in interpreting and applying Idaho water law and shall be familiar with irrigation and other water use practices in Idaho.

(3) The director may delegate such duties as are imposed upon him by law to an employee of the department of water resources whenever in the opinion of the director, such delegation is necessary for the efficient administration of his duties.

(4) The director shall organize the department into such divisions and other administrative subunits as may be necessary in order to efficiently administer the department. All employees of the department, except the director, shall be selected and appointed by the director in conformance with the provisions of chapter 53, title 67, Idaho Code.

(5) The director and/or employees of the department of water resources may make reasonable entry upon any lands in the state for the purpose of making investigations and surveys, or for other purposes necessary to carry out the duties imposed by law.

(6) (a) Any authorization or order of the Idaho public utilities commission, under the provisions of section 61-328, Idaho Code, approving the sale, assignment or transfer of hydropower water rights used in the generation of electric power shall be issued only upon such conditions as the director of the department of water resources shall require as necessary to prevent any change in use of water under the water rights held for hydropower purposes that would cause injury to any water rights existing on the date of the sale, assignment or transfer. Any such conditions shall ensure that the public interest, as it pertains to the use of water under the hydropower water rights, will not be adversely affected. Conditions, if any, imposed by the director shall be subject to review under section 42-1701A(4), Idaho Code.

(b) Subsection (6)(a) of this section may be satisfied by a written agreement between the holder of a water right held for hydropower purposes and the governor, which agreement has been ratified by the legislature of the state of Idaho. The agreement between the governor and the Idaho power company dated October 15, 1984, and ratified by the legislature of the state of Idaho pursuant to section 42-203B, Idaho Code, and the subordination provisions relating to the Idaho power company's water rights satisfy subsection (6)(a) of this section.

History:

[(42-1701) 1895, p. 215, sec. 7; reen. 1899, p. 282, sec. 6; reen. R.C., sec. 154; reen. C.L. 126:7; C.S., sec. 2983; I.C.A., sec. 41-1501; am. 1974, ch. 20, sec. 4, p. 533; am. 2000, ch. 224, sec. 3, p. 620; am. 2014, ch. 103, sec. 1, p. 304.]
Idaho Code § 42-3511 — Idaho Code / Title 42 / Chapter 35 / Section 42-3511
42-3511 POWERS GRANTED COLUMBIA COMPACT COMMISSION SUPPLEMENTAL TO THOSE CONTAINED IN COMPACT.
Status: in_force

42-3511. Powers granted Columbia Compact Commission supplemental to those contained in compact. Any powers herein granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of this state or by the laws of other signatory states or by congress or by the terms of said compact, which shall be liberally construed.

History:

[4203511, added 1963, ch. 310, sec. 8, p. 818.]
Idaho Code § 42-2901 — Idaho Code / Title 42 / Chapter 29 / Section 42-2901
42-2901 CORPORATE POWERS OF DRAINAGE DISTRICTS.
Status: in_force

42-2901. Corporate powers of drainage districts. Any portion of a county requiring drainage or diking, or both, may be organized into a drainage district, and when so organized such district and the board of commissioners hereinafter provided for shall have and possess the power herein conferred by law upon such district and board of commissioners, and said district shall be known and designated as drainage district No. …. (here insert number) of the county of …. (here insert name of county), of the state of Idaho, and shall have the right to sue and be sued by and in the name of its board of commissioners hereinafter provided for, and shall have perpetual succession and shall adopt and use a seal. The commissioners hereinafter provided for and their successors in office shall, from the time of the organization of such drainage district, have the power and it shall be their duty, to manage and conduct the business and affairs of the district, and make and execute all necessary contracts, employ and appoint such agents, officers and employees as may be required, and prescribe their duties, and perform such other acts as herein provided, or that may hereafter be provided by law.

History:

[(42-2901) 1913, ch. 16, sec. 1, p. 58; reen. C.L. 168:1; C.S., sec. 4493; I.C.A., sec. 41-2501.]
Idaho Code § 42-3711 — Idaho Code / Title 42 / Chapter 37 / Section 42-3711
42-3711 APPOINTMENT OF APPRAISERS AND APPRAISAL OF BENEFITED PROPERTY.
Status: in_force

42-3711. Appointment of appraisers and appraisal of benefited property. If the directors, by resolution, determine that the proposed improvement or project should be constructed and that the costs of said improvement or project should be paid by special assessment against the lands benefited by said improvement or project, the directors shall appoint three (3) disinterested residents of the state to act as appraisers. Said appraisers shall inspect the plans and specifications of the said improvement or project and examine all lands likely to be benefited by such project. The appraisers shall make and file with the directors a detailed report showing all tracts of land within the district found to be benefited, together with the acreage thereof, and the name of the record owner, the amount each tract will be benefited, and the amount of assessment to be levied against each such tract.

History:

[42-3711, added 1957, ch. 226, sec. 11, p. 508.]
Idaho Code § 42-1734E — Idaho Code / Title 42 / Chapter 17 / Section 42-1734E
42-1734E REMEDIES.
Status: in_force

42-1734E. Remedies. (1) The attorney general, at the request of the board, shall commence a civil action to enjoin any person violating any provision of this chapter and to recover actual damages in that amount required to restore a protected river and its riparian area to a condition reasonably comparable to that existing prior to the violation.

(2) It shall be the duty of the attorney general to institute and prosecute all enforcement actions provided for in this chapter.

History:

[42-1734E, added 1988, ch. 370, sec. 5, p. 1100.]
Idaho Code § 42-4225 — Idaho Code / Title 42 / Chapter 42 / Section 42-4225
42-4225 EXCLUSION FROM THE DISTRICT — PROCEDURE — GROUNDS FOR EXCLUSION.
Status: in_force

42-4225. Exclusion from the district — Procedure — Grounds for exclusion. After the formation of the district, any water user included within the district may file with the board of directors a petition in writing praying for exclusion from the district. All water users seeking exclusion as are united in interest or to which the same state of facts apply may unite in the same petition. The grounds for exclusion and the time limitations for filing any petition hereunder shall be as follows:

(1) The water user will not be benefited by the functioning of the district. A petition alleging this ground for exclusion must be filed within ninety (90) days after the formal appointment of the first board of directors by the department of water resources. Any such petition filed after the ninety (90) day period has elapsed shall not be accepted or considered.

(2) The water user has not benefited by the functioning of the district. A petition alleging this ground for exclusion shall be filed no earlier than five (5) years after the declaration of the formation of the district by the director of the department of water resources.

A petition alleging either of the foregoing grounds for exclusion shall be acknowledged by all the petitioners and shall state in detail the reasons why it is claimed that the petitioners should be excluded from the district.

Immediately after their formal appointment, the board of directors shall cause notice of the deadline for filing petitions under the provisions of subsection (1) of this section and a copy of the order of formation of the district and a map indicating the boundaries of the district to be posted in three (3) public places in each county in which a part of the district is situated. In addition, the board shall publish notice of the deadline and the locations at which the order of formation and map of the district may be inspected for at least four (4) successive weeks in a newspaper published or having general circulation in each of the counties in which any part of the district is situated.

History:

[42-4225, added 1978, ch. 293, sec. 1, p. 738.]
Idaho Code § 42-1765 — Idaho Code / Title 42 / Chapter 17 / Section 42-1765
42-1765 LOCAL COMMITTEES — RENTAL OF STORED WATER — APPORTIONMENT OF RENTAL PROCEEDS.
Status: in_force

42-1765. Local committees — Rental of stored water — Apportionment of rental proceeds. The water resource board may appoint local committees, including water district advisory committees as provided in section 42-605(6), Idaho Code, to facilitate the rental of stored water. When so appointed, the committee shall have the authority to market stored water between consenting owners and consenting renters under rules and regulations adopted by the board. The director of the department of water resources may approve a general lease which the local rental committee may utilize to meet the approval requirements enumerated in section 42-1763, Idaho Code.

In exercising its authority under this section, the local rental committee, if also the advisory committee of a water district, shall determine, in advance, at the annual meeting of water users of the water district held pursuant to section 42-605, Idaho Code, each year, that portion of the proceeds for the year from the lease of stored water to be paid to consenting contract holders of the storage water rights as reimbursement for their costs and that portion to be retained by the district in which the committee is located. Any proceeds retained by a district shall be used exclusively by the advisory committee of the water district for public purposes as set forth in section 42-613A, Idaho Code, and as provided by resolutions adopted by the water users of the district.

History:

[42-1765, added 1979, ch. 193, sec. 5, p. 562; am. 1986, ch. 78, sec. 2, p. 236; am. 1992, ch. 339, sec. 22, p. 1030.]
Idaho Code § 42-1719 — Idaho Code / Title 42 / Chapter 17 / Section 42-1719
42-1719 ISSUANCE OF CERTIFICATES OF APPROVAL — REVOCATION — APPEAL.
Status: in_force

42-1719. Issuance of certificates of approval — Revocation — Appeal. A certificate of approval shall be issued for all dams and mine tailings impoundment structures, new or existing, upon a finding that the dam or reservoir is safe to impound water or the mine tailings impoundment structure is safe to impound mine tailings slurry within the limitations prescribed in the certificate. Upon written request by an owner for a certificate of approval, the director shall within fourteen (14) days inspect or cause to be inspected and issue a certificate if he finds that the dam, reservoir or mine tailings impoundment structure is safe to impound water or tailings slurry within the limitations prescribed in the certificate. Pending the issuance of a certificate of approval, the owner of a new dam, reservoir or mine tailings impoundment structure shall not, through action or inaction, cause the dam or reservoir to impound water or mine tailings impoundment structure to impound mine tailings slurry.

Each certificate of approval issued may contain such terms and conditions as the director may prescribe. The director may revoke any certificate of approval whenever he determines that the dam, reservoir or mine tailings impoundment structure constitutes a danger to life and property. Whenever he deems such action necessary to safeguard life and property, the director may also amend the terms and conditions of any such certificate by issuing a new certificate containing the revised terms and conditions. The owner of a dam, reservoir or mine tailings impoundment structure for which a certificate of approval has been issued shall not, through action or inaction, cause the dam or reservoir to impound water or mine tailings impoundment structure to impound mine tailings slurry after the certificate terminates unless a new certificate is issued for the dam, reservoir or mine tailings impoundment structure. Those inflows that cannot be diverted may still be allowed to enter the structure, but the lowest possible level must be maintained until safety of the structure is assured. A new certificate shall be issued upon a finding by the director that the dam or reservoir is safe to impound water or mine tailings impoundment structure is safe to impound tailings slurry within the limits prescribed in the certificate.

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

With respect to written consent for use of a dam which has been issued and which is in effect prior to the effective date of this act or mine tailings impoundment structure which has been issued and which is in effect prior to the effective date of amendment, the director shall issue a new certificate of approval, which shall supersede the previous written consent for use, or shall contain such terms and conditions as the director may prescribe or shall revoke the existing written consent for use if he finds that the dam or reservoir is not safe to impound water or that the mine tailings impoundment structure is not safe to impound mine tailings slurry.

Before any certificate of approval is revoked, the director shall hold a hearing. Written notice of the time and place of the hearing shall be mailed, at least twenty (20) days prior to the date set for the hearing, to the holder of the certificate. Any interested persons may appear at the hearing and present their views and objections to the proposed action. The hearing shall be conducted in accordance with section 42-1701A(1) and (2), Idaho Code. Any party aggrieved by the final order of the director may seek judicial review thereof pursuant to section 42-1701A(4), Idaho Code.

History:

[42-1719, added 1969, ch. 280, sec. 10, p. 833; am. 1974, ch. 20, sec. 20, p. 533; am. 1978, ch. 309, sec. 10, p. 794; am. 1980, ch. 238, sec. 15, p. 546.]
Idaho Code § 42-2924 — Idaho Code / Title 42 / Chapter 29 / Section 42-2924
42-2924 APPEALS.
Status: in_force

42-2924. Appeals. Every person or corporation feeling himself or itself aggrieved by the judgment for damages or the assessment for benefits may appeal to the supreme court of this state in the manner provided by law for appeals in civil actions to the Supreme Court within thirty (30) days after the entry of the judgment confirming the report of the commissioners; and such appeal shall bring before the supreme court the propriety and justness of the amount of damages or assessment of benefits in respect to the parties to the appeal. Upon such appeal no bond shall be required and no stay shall be allowed.

History:

[(42-2924) 1913, ch. 16, sec. 13, p. 58; reen. C.L. 168:22; C.S., sec. 4515; I.C.A., sec. 41-2524.]
Idaho Code § 42-3905 — Idaho Code / Title 42 / Chapter 39 / Section 42-3905
42-3905 FEES — TRANSMITTED TO STATE TREASURER.
Status: in_force

42-3905. Fees — Transmitted to state treasurer. (1) Fees provided for in this section shall accompany all applications and notice of construction forms. No such application or notice of construction form shall be accepted unless accompanied by a filing fee as provided in this section. A separate application shall be filed for each deep injection well and each shallow injection well for which a permit is required by the rules adopted by the water resource board. The filing fee for each deep injection well requiring a permit shall be one hundred dollars ($100), payable to the department of water resources.

(2) The notice of construction form for each new shallow injection well shall be accompanied by a fee of seventy-five dollars ($75.00) payable to the department of water resources.

(3) All fees received under the provisions of this chapter are deemed to be nonrefundable and shall be transmitted to the state treasurer for deposit in the water administration account as established under the provisions of section 42-238a, Idaho Code, except that fees submitted with applications that do not require a permit shall be returned to the applicant. Fees collected may be used by the director of the department of water resources to carry out the provisions of this chapter.

History:

[42-3905, added 1971, ch. 301, sec. 5, p. 1235; am. 1972, ch. 180, sec. 1, p. 460; am. 1974, ch. 20, sec. 40, p. 533; am. 1984, ch. 155, sec. 6, p. 375; am. 1997, ch. 208, sec. 2, p. 625; am. 2011, ch. 110, sec. 5, p. 289; am. 2013, ch. 44, sec. 2, p. 93; am. 2024, ch. 20, sec. 3, p. 163.]
Idaho Code § 42-1734B — Idaho Code / Title 42 / Chapter 17 / Section 42-1734B
42-1734B BOARD PROCEDURES FOR ADOPTING A COMPREHENSIVE STATE WATER PLAN.
Status: in_force

42-1734B. Board procedures for adopting a comprehensive state water plan. (1) Prior to the adoption of the comprehensive state water plan or any component of the comprehensive plan, the board shall conduct hearings in the manner provided in section 42-1734A, Idaho Code.

(2) In the preparation, adoption, and implementation of the comprehensive state water plan, the board shall encourage the cooperation, participation, and assistance of state agencies. The board also shall solicit economic, energy, environmental, and other technical studies and recommendations from state agencies with particular expertise. All agencies of the state of Idaho shall cooperate with the board by providing requested existing information and studies pertaining in any manner to any matters which are the subject of this act. The board shall have discretion to balance all factors relevant to the formulation, adoption and implementation of the comprehensive state water plan and implementation and the designation of protected rivers.

(3) Any state agency may petition the board to amend the comprehensive state water plan. The board shall review any petition filed pursuant to this section within six (6) months after it is filed and shall either commence action to amend the comprehensive plan or set forth its reasons for denying the request in writing.

(4) All state agencies shall exercise their duties in a manner consistent with the comprehensive state water plan. These duties include but are not limited to the issuance of permits, licenses, and certifications; provided, however, that nothing in this chapter shall be construed to affect the authority of any state agency with respect to activities not prohibited by the comprehensive state water plan. The designation of a waterway as a natural or recreation river shall not preclude the department of environmental quality from establishing water quality standards for such waterway.

(5) When a comprehensive state water plan is adopted, copies thereof shall be filed in the office of the governor and director of the department of water resources, and published and distributed generally.

(6) The comprehensive state water plan and any component thereof developed for a particular waterway or waterways is subject to review and amendment by the legislature of the state of Idaho by law at the regular session immediately following the board's adoption of the comprehensive state water plan or component thereof.

(7) The board shall submit all subsequent changes to the legislature as provided in section 7, article XV, of the constitution of the state of Idaho. The board shall also use best efforts to provide notice of all subsequent changes to each member of the legislature on or before the first day of the regular legislative session following the change.

(8) The board shall review and reevaluate Part A of the comprehensive state water plan, or any one (1) or more of the component water plans comprising Part B of the comprehensive state water plan, upon the adoption of a concurrent resolution of the legislature directing the review or requesting a specific amendment to the plan. The board also may undertake the review in response to a petition for amendment filed pursuant to subsection (3) of this section, or upon the board's own initiative, as determined necessary by the board. Amendments to Part A or Part B of the comprehensive state water plan shall be adopted in the same manner as the original plan.

(9) A protected river designated by the board shall not become a final part of the comprehensive state water plan until approved by law. If the legislature does not approve a protected river by law at the regular session immediately following the board's designation of such protected river, then the designation of such protected river shall terminate and any prohibition or terms and conditions imposed on such protected river pursuant to subsection (5) or (6) of section 42-1734A, Idaho Code, shall be terminated ten (10) days following the end of the session. The failure to approve a protected river shall not operate to invalidate a comprehensive plan or component thereof. Nothing in this subsection shall prevent the legislature, however, from approving such protected river and reinstituting or modifying such prohibitions or terms and conditions in a subsequent session.

(10) After adoption of a comprehensive plan or component thereof, the board shall administer the implementation of the plan.

History:

[42-1734B, added 1988, ch. 370, sec. 5, p. 1098; am. 1998, ch. 63, sec. 2, p. 223; am. 2017, ch. 131, sec. 1, p. 308; am. 2025, ch. 47, sec. 12, p. 232.]
Idaho Code § 42-5240 — Idaho Code / Title 42 / Chapter 52 / Section 42-5240
42-5240 LIEN OF ASSESSMENT.
Status: in_force

42-5240. Lien of assessment. From and after February 1 of any year, all assessments, other than those levied against municipalities, shall be liens against the land of ground water users to which the water rights used to determine assessments are appurtenant, and notwithstanding anything to the contrary in this chapter or any provisions incorporated therein by reference, shall be superior to the lien of any mortgage or deed of trust, whether prior in time or not, provided that notice of the assessment delinquency is sent to the mortgage or deed of trust holder at least sixty (60) days prior to any foreclosure sale of the property. Said assessment liens shall not be removed until the assessments are paid or the property is sold for the payment thereof, and shall constitute such lien until paid. Upon any sale of the property, the purchaser at such sale shall take the property subject to any annual assessments of the district subsequent in time to the assessment for which the foreclosure occurred. Nothing in this section alters or affects any liens of water related districts or entities authorized pursuant to Idaho law.

History:

[42-5240, added 1995, ch. 290, sec. 1, p. 1002; am. 2011, ch. 325, sec. 1, p. 950; am. 2025, ch. 141, sec. 3, p. 715.]
Idaho Code § 42-1309 — Idaho Code / Title 42 / Chapter 13 / Section 42-1309
42-1309 COLLECTION AND DISBURSEMENT OF FUNDS.
Status: in_force

42-1309. COLLECTION AND DISBURSEMENT OF FUNDS. (1) A lateral water users' association's lateral manager or secretary-treasurer shall collect all assessments made to the association and shall deposit the same into an account that is in the name of the association.

(2) The secretary-treasurer shall:

(a) Keep the funds of the association in the account and pay the costs and expenses for the management and operation of the laterals; and

(b) Upon the order of the association's board of directors, perform other duties as the association may prescribe.

History:

[42-1309, added 2026, ch. 112, sec. 22, p. 573.]
Idaho Code § 42-213 — Idaho Code / Title 42 / Chapter 2 / Section 42-213
42-213 DIVERSION OF PRIVATE WATERS — APPLICANTS MUST SHOW RIGHT OF WAY.
Status: in_force

42-213. Diversion of private waters — Applicants must show right of way. All applications to the department of water resources for permits to divert or appropriate the waters of any lake, pond, pool or spring shall state whether such lake, pond, pool or spring is wholly or entirely upon the land of any person or corporation other than the applicant, and, in the event that it is, such application shall state that the applicant has the written permission from such owner, executed and acknowledged as required by the provisions of the preceding section to divert or appropriate such water.

History:

[(42-213) 1911, ch. 230, sec. 2, p. 783; reen. C.L., sec. 3255b; C.S., sec. 5573; I.C.A., sec. 41-207.]
Idaho Code § 42-2032 — Idaho Code / Title 42 / Chapter 20 / Section 42-2032
42-2032 DISPOSITION OF PROCEEDS OF SALE.
Status: in_force

42-2032. Disposition of proceeds of sale. Where such land and water rights are not purchased by the lienholder at such foreclosure sale, it shall be the duty of the sheriff to first pay the lienholder out of the proceeds of such sale, the amount of the lien, together with all interest, costs and fixed charges thereon, and to pay any balance remaining to the person against whom such lien has been foreclosed, and for his services in such cases the sheriff shall receive the same fees as are provided by the law in civil cases.

History:

[(42-2032) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629h; C.S., sec. 3025; I.C.A., sec. 41-1732.]
Idaho Code § 42-3903A — Idaho Code / Title 42 / Chapter 39 / Section 42-3903A
42-3903A SHALLOW INJECTION WELLS — AUTHORIZATION FOR CONSTRUCTION AND USE.
Status: in_force

42-3903A. Shallow injection wells — Authorization for construction and use. Construction and use of shallow injection wells shall be authorized by rules and regulations adopted by the water resource board. Shallow injection wells used for the disposal of nonhazardous and nonradioactive sanitary wastes generated in, on, or in conjunction with a single family noncommercial dwelling are exempt from the authorization requirements of this chapter, but shall be subject to the applicable requirements of the Idaho environmental protection and health act of 1972, sections 39-101, et seq., Idaho Code.

History:

[42-3903A, added 1984, ch. 155, sec. 4, p. 374.]
Idaho Code § 42-108A — Idaho Code / Title 42 / Chapter 1 / Section 42-108A
42-108A LEASING OF WATER FOR HYDROELECTRIC GENERATION — EXCEPTION TO REQUIREMENT OF APPLICATION TO CHANGE NATURE OF USE.
Status: in_force

42-108A. Leasing of water for hydroelectric generation — Exception to requirement of application to change nature of use. Any person having the right to the beneficial use of a water right may lease the water to a private or public utility doing business in the state of Idaho for hydroelectric generation purposes within the state of Idaho for a period not to exceed one (1) year on application to the department of water resources indicating the name of the owner of the right, the lessor, the lessee, the amount of water leased, the duration of the lease, and the proposed place of use and point of diversion. Such a lease or leases shall not constitute a change in the nature of use of such water nor shall the same constitute an abandonment or forfeiture or any other diminution of such water right.

History:

[42-108A, added 1981, ch. 267, sec. 1, p. 566.]
Idaho Code § 42-1423 — Idaho Code / Title 42 / Chapter 14 / Section 42-1423
42-1423 ATTORNEYS FEES AND COSTS AGAINST THE STATE OF IDAHO, ANY STATE AGENCY OR ANY OFFICER OR EMPLOYEE.
Status: in_force

42-1423. Attorneys fees and costs against the state of Idaho, any state agency or any officer or employee. No judgment for costs or award of attorneys fees against the state of Idaho, any state agency, or any officer or employee of the state of Idaho shall be allowed in any water rights adjudication proceeding pursuant to this chapter. The state of Idaho expressly refuses to waive its sovereign immunity to the imposition of any judgment for costs or award of attorney fees. The state of Idaho, state administrative agency, or any officer or employee shall not be required to pay any fees other than those provided in section 42-1414, Idaho Code, for appearing in a proceeding brought under this chapter or any appeal of a matter arising from such proceeding.

History:

[42-1423, added 1994, ch. 454, sec. 30, p. 1473.]
Idaho Code § 42-3211b — Idaho Code / Title 42 / Chapter 32 / Section 42-3211b
42-3211b DECISION TO ESTABLISH BOARD DIRECTOR ZONES.
Status: in_force

42-3211b. decision to establish board director zones. Subsequent to the creation of a water and/or sewer district and the election of the first board of directors, the water and/or sewer district board of directors may elect, by resolution, to divide the district into five (5) director zones, as nearly equal in area and parcels to be served as practicable, to be known as zones one, two, three, four and five. If the board of directors elects to create director zones, then it shall also, prior to the next district election, adopt a director election transition schedule for each zone, in accordance with the terms of office of the existing directors, which provides that at the end of the last then-currently serving director term, there will not be more than one (1) director per director zone.

(1) In the event the board of directors establishes director zones, each water and/or sewer district director shall be elected on a districtwide basis.

(2) Director zones may be revised or modified by the board of directors as conditions governing their establishment change.

History:

[42-3211b, added 2016, ch. 278, sec. 3, p. 767.]
Idaho Code § 42-3238 — Idaho Code / Title 42 / Chapter 32 / Section 42-3238
42-3238 PRIVATE COMMUNITY SEWER SYSTEM — PROPERTIES EXEMPT FROM OTHER TAXATION.
Status: in_force

42-3238. Private community sewer system — Properties exempt from other taxation. Notwithstanding any other provision of law, no water district, sewer district or water and sewer district shall levy or collect any tax, any fee or any other charge of any kind related in any way to the collection or treatment of sewage by such district against any property located in such district which property is served by a private community sewer system. Said properties shall be exempt from any such tax, fee or charge. A "private community sewer system" means a system which collects and processes sewage for ten (10) or more residences, commercial or industrial facilities. The exemption provided in this section shall not apply to residences, commercial or industrial facilities served by an individual septic system. Nothing contained herein shall prohibit a charge for the delivery or furnishing of water by such district.

History:

[42-3238, added 1991, ch. 263, sec. 1, p. 653.]
Idaho Code § 42-5259 — Idaho Code / Title 42 / Chapter 52 / Section 42-5259
42-5259 PARTICIPATION BY NONMEMBER IN DISTRICT SOLELY FOR MITIGATION PURPOSES.
Status: in_force

42-5259. Participation by nonmember in district solely for mitigation purposes. Upon written request from any ground water user who is not a member of a district, a district board of directors may enter a contract with such nonmember pursuant to which the nonmember shall be allowed to participate fully in, and obtain all benefits of, any mitigation plan, purpose or activity the district currently has in force or is developing, pursuant to terms and conditions acceptable to both parties, provided that:

(1) The board finds that the plan is likely to be effective in mitigating the effects of such nonmember's ground water use, and that including the nonmember within the mitigation plan's coverage will not impair the plan's effectiveness as to district members;

(2) If the district's mitigation plan has been approved by the director, the board shall evaluate the contract request in accordance with any conditions of the district's mitigation plan which address equitable participation by ground water users who do not initially participate in such mitigation plan;

(3) Before the contract may be effective, the board may collect from the nonmember a payment adequate to compensate the district for the nonmember's proportional share of the costs the district already has incurred in developing and implementing the mitigation plan;

(4) The board may include in the contract a provision requiring the nonmember to pay a reasonable surcharge, either annually or on some other basis, to reimburse the district for such nonmember's proportional share of those past or future costs of operating the district attributable to formulating or implementing the mitigation plan or plans in which the nonmember is participating;

(5) The board may require the nonmember to provide security to assure the payment of all assessments and charges related to the contract.

History:

[42-5259, added 1995, ch. 290, sec. 1, p. 1007; am. 2005, ch. 367, sec. 18, p. 1166; am. 2016, ch. 110, sec. 1, p. 315.]
Idaho Code § 42-2029 — Idaho Code / Title 42 / Chapter 20 / Section 42-2029
42-2029 FORECLOSURE SALE.
Status: in_force

42-2029. Foreclosure sale. All sales shall be advertised in a newspaper of general circulation, published in the county where said land and water right is situate, for three (3) consecutive weeks, and shall be sold to the highest bidder at the front door of the courthouse of the county, or such place as may be agreed upon by the terms of the aforesaid contract. And the sheriff of said county shall in all such cases give all notices of sale, and shall sell all such lands and water rights, and shall make and execute a certificate of sale to the purchaser thereof.

History:

[(42-2029) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629f; C.S., sec. 3023; I.C.A., sec. 41-1730; am. 1974, ch. 164, sec. 8, p. 1397.]
Idaho Code § 42-1601 — Idaho Code / Title 42 / Chapter 16 / Section 42-1601
42-1601 WELL NOT CONTROLLED A COMMON NUISANCE — APPROVAL OF DIRECTOR — RESERVOIRED WATER — MAINTENANCE OF ARTESIAN WELLS.
Status: in_force

42-1601. Well not controlled a common nuisance — Approval of director — Reservoired water — Maintenance of artesian wells. (1) Any person owning or controlling a flowing artesian well, which is not capped, equipped or furnished with such mechanical appliance as will readily control the flow of water from such well, shall be guilty of a misdemeanor and such well is hereby declared to be a common nuisance; and any person owning or controlling a flowing artesian well, which is capped, equipped or furnished with a mechanical appliance for arresting and preventing the flow of water therefrom, which cap, equipment or mechanical appliance is of a type that has not been approved by the director of the department of water resources, shall be guilty of a misdemeanor and such well is hereby declared to be a common nuisance: provided, however, that in cases where the waters of artesian wells are reservoired and controlled so that waste is not committed and a common nuisance created and where the pressure of water in a reservoir automatically causes wells to cease to flow, such mechanical contrivances may be dispensed with by obtaining the consent of the director of the department of water resources.

(2) Any person owning or controlling an artesian well shall maintain the well to prevent waste or contamination of ground waters through leaky casings, pipes, fittings, valves, pumps, seals or through leakage around the outside of the casings, whether the leakage is above or below the land surface.

(3) The owner of the land on which the well is located shall be deemed to own the well unless a deed, covenant, contract, easement, or other documentation acceptable to the director is available to demonstrate that the well is owned by another.

(4) If a ground water management district created pursuant to chapter 51, title 42, Idaho Code, has adopted and is implementing a plan for the repair of leaking artesian wells acceptable to the director of the department of water resources, then the director of the department of water resources will not take any administrative or judicial action to require repair of a well within the ground water management district if the person owning the well is an active participant in the ground water management district.

History:

[(42-1601) 1921, ch. 196, sec. 1, p. 399; I.C.A., sec. 41-1401; am. 1987, ch. 347, sec. 10, p. 753; am. 1995, ch. 294, sec. 1, p. 1036.]
Idaho Code § 42-5224 — Idaho Code / Title 42 / Chapter 52 / Section 42-5224
42-5224 POWERS AND DUTIES OF BOARD OF DIRECTORS.
Status: in_force

42-5224. Powers and duties of board of directors. The board shall, in addition to any other powers and duties provided in this chapter, and provided that nothing in this chapter shall abrogate or impair the right of any person to take any action necessary to acquire, protect, challenge or defend any water right, have the following powers and duties:

(1) To acquire, and/or construct, operate, control or use by appropriation, grant, purchase, bequest, devise, contract or lease works or facilities, water rights, water permits or licenses, well-drilling permits, wells, pipelines, ditches and any other real and personal property (including easements and rights-of-way) or contract entitlement within or without the district necessary or convenient to fully exercise its powers;

(2) To sell, lease, encumber, alienate, or otherwise dispose of works or facilities, water, water rights, wells, pipelines, ditches, reservoirs, recharge facilities, and any other real and personal property owned by the district within or without its boundaries, and to incur indebtedness on behalf of the district as specified in this chapter;

(3) To enter into contracts and agreements, cooperative and otherwise, including contracts with the United States of America and any of its agencies or instrumentalities, and tribes, and contracts with corporations, public or private, municipalities, or governmental subdivisions necessary or convenient to fully exercise its powers;

(4) To hire and retain agents, employees, engineers, hydrologists, geologists, and attorneys as shall be necessary and convenient to transact the district's business and to represent the district's interests;

(5) To levy assessments for the operation of the district and its programs;

(6) To represent district members, with respect to their individual water rights, in general water rights adjudications and other legal and administrative proceedings or before political bodies, provided that the board may levy assessments for these matters against only those members who have given written consent for the representation;

(7) To represent district members in proceedings or meetings of a water district established by the director of the department notwithstanding any provision to the contrary in chapter 6, title 42, Idaho Code. Provided however, that the board shall not be authorized to cast a vote in any proceeding or meeting of a water district established pursuant to chapter 6, title 42, Idaho Code, on behalf of any district member who has, prior to such proceeding or meeting, given written notice to the board and to the water district that such district member intends to vote on his own behalf, or on behalf of any district member who attends such meeting or proceeding and intends to vote on his own behalf. The board shall provide a verified list of the water rights that it represents at any water district proceeding or meeting to the chairman of the water district proceeding or meeting;

(8) To appropriate, develop, store, and transport water within the state;

(9) To acquire stock in canal companies, water companies, and water users' associations;

(10) To invest any surplus money in the district treasury pursuant to the public depository law as contained in chapter 1, title 57, Idaho Code;

(11) To develop, maintain, operate and implement mitigation plans designed to mitigate any material injury caused by ground water use within the district upon senior water uses within and/or without the district;

(12) To finance the repair or abandonment of wells in the ground water district which have experienced or are experiencing declines in water level or water pressures because of reasons including, but not limited to, flow, leakage, and waste from improper construction, maintenance, and operation of wells;

(13) To have and exercise the power of eminent domain in the manner provided by law for the condemnation of private property for easements, rights-of-way, and other rights of access to property necessary to the exercise of the mitigation powers herein granted, both within and without the district;

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

(15) To enter into joint powers agreements and/or memoranda of understanding with other districts, governmental or quasi-public entities;

(16) To develop and acquire water rights for, and operate, aquifer storage or recharge projects;

(17) To monitor, measure, study, and implement programs in the interests of the district's members regarding the protection of ground water diversions, depth of water in wells, aquifer water levels and characteristics;

(18) To adopt and amend bylaws not in conflict with the constitution and laws of the state for carrying on the business, objects and affairs of the board and of the district and to establish a fiscal year;

(19) To enter upon land to make surveys, locate district property, works, or facilities, and to otherwise conduct the affairs of the district;

(20) To make, record and report annually to the director sufficient measurements of diversions and water levels of district members to allow the district to be excluded from any water measurements district created pursuant to sections 42-705 through 42-715, Idaho Code;

(21) To divide the district into divisions and precincts following the annexation of lands under sections 42-5245 through 42-5250, Idaho Code, for the purpose of conducting elections as long as any such division is consistent with the parameters established in section 42-5208, Idaho Code; and

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

History:

[42-5224, added 1995, ch. 290, sec. 1, p. 993; am. 1996, ch. 298, sec. 8, p. 984; am. 2003, ch. 137, sec. 1, p. 400; am. 2005, ch. 367, sec. 10, p. 1161; am. 2025, ch. 141, sec. 2, p. 713.]
Idaho Code § 42-5230 — Idaho Code / Title 42 / Chapter 52 / Section 42-5230
42-5230 STATEMENT OF FINANCIAL CONDITION.
Status: in_force

42-5230. Statement of financial condition. On or before the second Tuesday of February of each year the board of directors of each ground water district organized under this chapter shall publish in at least one (1) issue of a newspaper published in the county or counties in which such district is situated, a full, true and correct statement of the financial condition of the district, at the end of the last preceding fiscal year, giving all liabilities and assets of the district, in a form to be prescribed by the controller of the state of Idaho.

History:

[42-5230, added 1995, ch. 290, sec. 1, p. 996.]
Idaho Code § 42-3912 — Idaho Code / Title 42 / Chapter 39 / Section 42-3912
42-3912 DRILLERS — MUST BE LICENSED — APPROVED PERMITS — CERTIFIED COPIES.
Status: in_force

42-3912. Drillers — Must be licensed — Approved permits — Certified copies. It shall be unlawful for any person not a licensed driller to construct a new deep injection well or modify an existing deep injection well, except that a driller's license is not required for the construction of a driven mine shaft or dug hole for the purposes of this chapter. All licensed drillers shall obtain a certified copy of the approved permit from the director of the department of water resources prior to construction of any new deep injection well or prior to the modification of any existing deep injection well. Failure by a licensed driller to comply with this section shall constitute cause for revocation of a well driller's license in accordance with section 42-238, Idaho Code.

History:

[42-3912, added 1971, ch. 301, sec. 12, p. 1235; am. 1974, ch. 20, sec. 47, p. 533; am. 1984, ch. 155, sec. 13, p. 378; am. 2011, ch. 110, sec. 8, p. 290.]
Idaho Code § 42-5255 — Idaho Code / Title 42 / Chapter 52 / Section 42-5255
42-5255 COSTS OF EXCLUDING LAND.
Status: in_force

42-5255. Costs of excluding land. The costs of excluding any land as provided in this chapter shall be borne by the petitioner or petitioners except as provided in section 42-5254, Idaho Code. The board may require a deposit of the estimated costs before granting the petition. If the actual costs of completing the exclusion of the lands from the district are less than the amount deposited by the petitioner, the balance shall be refunded to the petitioner within fourteen (14) days after the final action for the exclusion is completed. If the actual costs of the exclusion of the lands is more than the deposit, the difference shall be paid to the district by the petitioner within fourteen (14) days after receipt of a statement to that effect from the district, and the board's order of exclusion shall not be effective until the difference is paid.

History:

[42-5255, added 1995, ch. 290, sec. 1, p. 1006.]
Idaho Code § 42-3202A — Idaho Code / Title 42 / Chapter 32 / Section 42-3202A
42-3202A RECREATIONAL WATER AND/OR SEWER DISTRICT — DEFINITION.
Status: in_force

42-3202A. Recreational water and/or sewer district — Definition. A recreational water and/or sewer district is one in which less than a majority of the landowners or state lessees or federal permittees in the district sought to be created reside within the district and at least fifty percent (50%) of the land area of said district is in a natural state, or used for agricultural purposes.

The actual or potential development anticipated for said district shall be predominantly recreational in character. The district or areas near the district shall meet one (1) or more of the following criteria: have unique scenic value; man-made or natural recreational facilities such as waterways, marinas, ski slopes, wilderness areas; provide open space; and be removed from large, densely populated urban areas. Recreational water and/or sewer districts shall provide services and/or facilities to landowners or state lessees or federal permittees. The proposed district shall be in the best interests of the state of Idaho in that the benefits derived by property owners shall effectuate the preservation and development of recreational opportunities within the state.

An annexation shall not change the status of a recreational water and/or sewer district.

History:

[42-3202A, added 1975, ch. 189, sec. 2, p. 529; am. 1979, ch. 272, sec. 1, p. 707; am. 1980, ch. 191, sec. 1, p. 422; am. 1982, ch. 364, sec. 1, p. 914; am. 2016, ch. 278, sec. 1, p. 766.]
Idaho Code § 42-1311 — Idaho Code / Title 42 / Chapter 13 / Section 42-1311
42-1311 AMOUNT AND LIEN OF ASSESSMENTS BY LATERAL WATER USERS' ASSOCIATION.
Status: in_force

42-1311. AMOUNT AND LIEN OF ASSESSMENTS BY LATERAL WATER USERS' ASSOCIATION. (1) The amount assessed against each water user, together with any penalties and interest, shall be a first and prior lien, except as to a lien related to taxes and assessments of a water delivery organization, upon the water user's land that is entitled to receive water from the point or points of delivery in the canal or reservoir, or from the point or points of diversion from waters of the state, that supplies the association's lateral or ditch.

(2) The lien shall be recorded and collected pursuant to section 55-3207, Idaho Code.

History:

[42-1311, added 2015, ch. 80, sec. 3, p. 203; am. 2022, ch. 323, sec. 5, p. 1045; am. 2026, ch. 112, sec. 24, p. 574.]
Idaho Code § 42-5201 — Idaho Code / Title 42 / Chapter 52 / Section 42-5201
42-5201 SHORT TITLE — TITLE OF DISTRICTS — DEFINITIONS.
Status: in_force

42-5201. Short title — Title of districts — Definitions. This chapter is known as the "Ground Water District Act"; the districts created hereunder may be termed "ground water districts." When used in this chapter, and unless otherwise specified, the following terms shall be defined as follows:

(1) "Board" means the board of directors of a ground water district organized pursuant to this chapter.

(2) "Corporation" means a corporation or limited liability company.

(3) "County commission" means the board of county commissioners or any other governing board or authority for a county, as provided by law.

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

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

(6) "District" means a ground water district established, or to be established, pursuant to this chapter.

(7) "Ground water" when used in this chapter means water under the surface of the ground whatever may be the geologic structure in which it is standing or moving, as provided in section 42-230(a), Idaho Code.

(8) "Ground water user" means the legal or beneficial owner of a ground water right, or the user of a ground water right pursuant to lease or contract of a ground water right to divert ground water of the state for a beneficial use or purpose, except for those diverting under rights used solely for domestic or stock use as defined by sections 42-111 and 42-1401A, Idaho Code, and provided, that for purposes of this chapter, the term ground water user shall not include any ground water right held by or on behalf of an Indian tribe or by tribal members for diversion and use within an Indian reservation, ground water rights held by the United States or ground water rights held by the state of Idaho. A ground water user is within the boundary of a ground water district if the well or other point of diversion used by that ground water user is within the boundary. A husband and wife together diverting ground water pursuant to right shall constitute one (1) ground water user. Ground water user includes both a ground water irrigator and a nonirrigator as defined in this chapter.

(9) "Ground water irrigator" means a ground water user holding a ground water right for irrigation purposes within a ground water district.

(10) "Land" or "lands," when used in the context of the property of a ground water user subject to district assessment under this chapter, means the real property where ground water is diverted or placed to beneficial use, including the facilities in or through which a ground water user makes beneficial use of ground waters.

(11) "Nonirrigator" means a ground water user holding a ground water right for commercial, municipal, or industrial purposes within a ground water district. A ground water user will be deemed a nonirrigator for purposes of this chapter even though: (a) some component of the user's ground water use is for irrigation; or (b) the user holds a ground water right for irrigation that is incidental to, or normally associated with, the user's commercial, municipal or industrial purpose.

(12) "Member" means a ground water user whose lands, facilities and/or water rights are included in and subject to a ground water district and its policies.

(13) "Mitigation plan" means a plan to prevent or compensate for material injury to holders of senior water rights caused by the diversion and use of water by the holders of junior priority ground water rights who are participants in the mitigation plan.

(14) "Person" means an individual, partnership, trust, estate, association, corporation, municipal corporation, the state of Idaho and any of its agencies, the United States, an Indian tribe, a public corporation, or any other public or private entity.

(15) "Public corporation" means counties, city and counties, cities, school districts, municipal water districts, irrigation districts, recharge districts, water districts, park districts, subdistricts, and all other governmental agencies of this state, having the power of levying or providing for the levy of general or special taxes or special assessments, and any political subdivision of another state of the United States.

(16) "Water right" means the legal right to divert and beneficially use the public waters of the state of Idaho where such right is evidenced by a decree, a permit or a license issued by the department, a beneficial or constitutional use right evidenced by an adjudication claim or claim based on section 42-243, Idaho Code, or a right based on federal law.

History:

[42-5201, added 1995, ch. 290, sec. 1, p. 983; am. 1997, ch. 374, sec. 7, p. 1203; am. 2005, ch. 367, sec. 1, p. 1155.]
Idaho Code § 42-1506B — Idaho Code / Title 42 / Chapter 15 / Section 42-1506B
42-1506B BIG TIMBER, BOHANNAN, CANYON, AND HAYDEN — MINIMUM STREAM FLOW APPROPRIATIONS.
Status: in_force

42-1506B. BIG TIMBER, BOHANNAN, CANYON, AND HAYDEN — MINIMUM STREAM FLOW APPROPRIATIONS. (1) The water resource board is hereby authorized and directed to appropriate and hold in trust for the people of the state of Idaho minimum stream flow water rights for Big Timber, Bohannan, Canyon, and Hayden Creeks in accordance with the provisions of this section.

(a) The minimum stream flow for Big Timber Creek shall be 18 c.f.s. from March 15 to July 31 and 10 c.f.s. from August 1 to March 14 from the headwaters of Big Timber Creek in Section 30, Township 14 North, Range 25 East, Boise Meridian to its confluence with the Lemhi River in the southeast quarter of Section 20, Township 16 North, Range 26 East, Boise Meridian.

(b) The minimum stream flow appropriation for Bohannan Creek shall be 13 c.f.s. from March 15 to July 31 and 8.5 c.f.s. from August 1 to March 14 from the headwaters of Bohannan Creek in the northwest quarter of Section 19, Township 22 North, Range 24 East, Boise Meridian to its confluence with the Lemhi River in the northwest quarter of Section 33, Township 21 North, Range 23 East, Boise Meridian.

(c) The minimum stream flow for Canyon Creek shall be 16 c.f.s. from March 15 to July 31 and 4 c.f.s. from August 1 to March 14 from the headwaters of Canyon Creek in Government Lot 5, Section 18, Township 17 North, Range 27 East, Boise Meridian to its confluence with the Lemhi River in the northwest quarter of Section 28, Township 16 North, Range 26 East, Boise Meridian.

(d) The minimum stream flow for Hayden Creek shall be 60 c.f.s. from March 15 to July 31 and 13 c.f.s. from August 1 to March 14 from the headwaters of Hayden Creek in Section 14, Township 16 North, Range 22 East, Boise Meridian to its confluence with the Lemhi River in the southwest quarter, Section 21, Township 18 North, Range 24 East, Boise Meridian.

(2) In acting upon the applications 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 the water rights will be maintained through voluntary agreements between the Idaho water resource board and Basin 74 water users in accordance with Idaho law.

(3) The minimum stream flows provided for in this section shall be junior to all previously decreed, licensed, or permitted water rights. The minimum stream flows shall also be junior to all water right applications with a priority date before the effective date of this section and all Lemhi Basin stream flow maintenance water rights perfected pursuant to section 42-251, Idaho Code.

(4) Upon the board's filing of applications 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 applications for permit, to distribute water under the filings in accordance with the doctrine of prior appropriation using a priority date as of the filing of the application for permit.

(5) These minimum stream flow applications for permit are in satisfaction of the local public interest requirement of section 42-203A(5)(e), Idaho Code, as it pertains to processing of water right applications with a priority date before the effective date of this section and on Lemhi Basin stream flow maintenance water rights filed pursuant to section 42-251, Idaho Code, on Big Timber, Bohannan, Canyon, and Hayden Creeks.

History:

[42-1506B, added 2022, ch. 290, sec. 3, p. 924.]
Idaho Code § 42-2820 — Idaho Code / Title 42 / Chapter 28 / Section 42-2820
42-2820 OPERATING DISTRICTS — WHEN CREATED — VESTED WITH POWERS OF IRRIGATION DISTRICTS — BOARD OF DIRECTORS.
Status: in_force

42-2820. Operating districts — When created — Vested with powers of irrigation districts — Board of directors. The lands assessed for benefits of any irrigation or drainage project established under this chapter and not lying under or within the area capable of irrigation from an existing canal system with the owners of which system the board of county commissioners of the county or counties in which such lands are located shall within one year after the establishment of such project by order of the board of county commissioners have made an operation and maintenance contract pursuant to the provisions of the preceding section of this chapter, shall be and become upon the expiration of said year an operating district, and such operating district shall be and is hereby vested with all the powers and authority and charged with all the duties of an irrigation district organized under the laws of the state of Idaho and shall have the power and duty to act as the agency of the county for the operation, repair and maintenance of such project, and in the case of irrigation works also for the distribution and delivery of the water made available thereby, and to enter into contracts with the board or boards of county commissioners for such purposes, and to provide for the cost of such operation, maintenance and repair of such works, and the distribution of the waters thereof by levying and collecting tolls, charges or assessments upon the lands of such operating district in like manner and with like effect as in the case of irrigation districts under the laws of this state and the board of directors of such operating district shall have all the powers and authority of a board of directors of an irrigation district and shall be elected in like manner and follow a like procedure as provided by the laws of this state relating to directors of irrigation districts, except that the first board of directors shall be appointed by the governor who shall designate in his appointments which of such directors is appointed for the one (1) year, which the two (2) year, and which the three (3) year term, said directors to be each a resident respectively of one (1) of the three (3) divisions of the district, which divisions shall also be established by the order of the governor at or prior to the time of said appointments.

History:

[(42-2820) 1921, ch. 222, sec. 20, p. 492; I.C.A., sec. 41-2420.]
Idaho Code § 42-1301 — Idaho Code / Title 42 / Chapter 13 / Section 42-1301
42-1301 DEFINITIONS.
Status: in_force

42-1301. definitions. As used in this chapter:

(1) "Delivery point" means the location where a water delivery organization transfers the control of water to the water users on a lateral.

(2) "Lateral" means any ditch, canal, or conduit not operated and maintained by a water delivery organization that is shared by water users entitled to receive water from:

(a) The same delivery point or points; or

(b) The same point or points of diversion from a natural water source.

(3) "Water delivery organization" means any entity recognized by Idaho law that operates water diversion and delivery facilities, including but not limited to a canal company, ditch company, irrigation company, irrigation district, reservoir company, reservoir district, or water company. A water delivery organization does not include a lateral water users' association created pursuant to this chapter.

(4) "Water user" means any person or entity entitled to receive water through a lateral.

History:

[42-1301, added 2026, ch. 112, sec. 14, p. 570.]
Idaho Code § 42-3231 — Idaho Code / Title 42 / Chapter 32 / Section 42-3231
42-3231 QUORUM OF BOARD AT HEARING.
Status: in_force

42-3231. Quorum of board at hearing. A quorum of the board shall attend such hearing and explain the proposed budget and hear any and all objections thereto.

History:

[42-3231, as added by 1973, ch. 84, sec. 4, p. 134.]
Idaho Code § 42-1734 — Idaho Code / Title 42 / Chapter 17 / Section 42-1734
42-1734 POWERS AND DUTIES.
Status: in_force

42-1734. Powers and duties. The board shall, subject to the provisions of chapter 52, title 67, Idaho Code, have the following powers and duties:

(1) To have and exercise all of the rights, powers, duties and privileges vested by article XV, section 7, of the constitution of this state in the water resource agency, and the water resource board, herein created, is hereby constituted the water resource agency;

(2) To institute judicial proceedings to have water rights established by court decree on any stream, lake or underground water basin; in such proceedings court costs of the action, including the survey and determination of water uses by the director of the department of water resources, shall be borne by the state;

(3) To appear, when requested by the governor, on behalf of and represent the state in matters related to its duties in any proceeding, negotiation, or hearing involving the federal government or other state; provided, however, that compact commissions now established by law shall continue to act but in so doing shall report to it;

(4) To accept, receive, initiate, investigate, consider and promote such water projects as it deems to be in the public interest;

(5) To generate and wholesale hydroelectric power at the site of production if such power production is connected with another purpose for such project;

(6) To file applications and obtain permits in the name of the board, to appropriate, store, or use the unappropriated waters of any body, stream, or other surface or underground source of water for specific water projects. Such filings and appropriations by the board, or any water rights owned or claimed by the board, shall be made in the same manner and subject to all of the state laws relating to appropriation of water, with the exception that the board will not be required to pay any fees required by the laws of this state for its appropriations. The filings and appropriations by the board shall be subject to contest or legal action the same as any other filing and appropriation, and such filings and appropriations shall not have priority over or affect existing prior water rights of any kind or nature; provided that the board shall have the right to file for water rights with appropriate officials of other states as trustee for project users, and to do all things necessary in connection therewith;

(7) To finance said projects with revenue bonds or such moneys as may be available;

(8) To acquire, purchase, lease, or exchange land, rights, water rights, easements, franchises and other property deemed necessary or proper for the construction, operation and maintenance of water projects;

(9) To exercise, in accordance with the provisions of title 7, chapter 7, Idaho Code, the right of eminent domain to acquire property necessary for the construction of projects, both land and water;

(10) To cooperate in all water studies, planning, research, or activities with any state or local agency in this state, or any other state or any federal agency and to enter into contracts with federal, state and local governmental agencies to effect this purpose;

(11) To present to the governor for presentation to the legislature not later than the 30th of November prior to the convening of a regular legislative session the final report containing the complete plans, costs and feasibility estimates for any water project which the board recommends that the state construct in accordance with the comprehensive state water plan; and to construct any water project specifically authorized by the legislature;

(12) To enter into contracts with political subdivisions, municipal entities, individuals and others for the rehabilitation and repair of existing irrigation projects and irrigation facilities, the sale and/or lease of water, use of water, water storage, electric power, or other service, to turn over projects to water users after pay-out and to lease facilities, sell, lease or dispose of surplus facilities subject to the provisions of applicable law;

(13) To enter into contracts to effect the purposes of this chapter;

(14) To sue and be sued;

(15) To study and examine pollution of rivers, streams, lakes and ground water, and to advise, cooperate and counsel with the state board of environmental quality in a manner designed to avoid inhibition of economic development and at the same time insure the right of the people to comfortably enjoy our water resources and accomplish the establishment of water quality criteria;

(16) To call upon any other state agency for cooperation, assistance or use of information available to such agency; provided, however, if such agency is required to make substantial expenditures in responding to such request, appropriate arrangements for compensation may be accomplished;

(17) To issue revenue bonds for the rehabilitation and repair of existing irrigation projects and irrigation facilities, and for water projects, pledge any revenues available to the board to secure said bonds, exclusive of any revenues derived from legislative appropriations, provided that any amounts received from loan repayments regardless of the source of funds for the loan may be pledged, and pool revenues from one (1) or more projects constructed, financed or operated by the board, or existing irrigation project or facilities rehabilitated or repaired by the board;

(18) To formulate and recommend, prior to each session of the legislature, proposed legislation that may be necessary to assist it in effecting a proper plan for conservation, development and utilization of water resources and waterways and to report to each session of the legislature on the public business entrusted to its care and the financial affairs of the board. In the period between legislative sessions, the board shall deposit with the legislative council statements describing all actions taken and projects undertaken by it;

(19) To issue procedural and operative rules as may be necessary for the conduct of its business;

(20) To appoint advisory boards when deemed desirable to aid in the execution of its powers;

(21) To take such other action as may be necessary to carry out its duties and powers under this chapter and the constitution of the state of Idaho;

(22) To loan without prior legislative approval, the proceeds of the sale of revenue bonds to the local water project sponsor or sponsors; to enter into lease, sale or loan agreement; and to purchase all or a portion of, or participate in, loans, originated by private lending institutions.

History:

[42-1734, added 1965, ch. 320, sec. 4, p. 901; am. 1974, ch. 20, sec. 23, p. 533; am. 1977, ch. 172, sec. 1, p. 441; am. 1981, ch. 90, sec. 1, p. 125; am. 1988, ch. 370, sec. 4, p. 1093; am. 2001, ch. 103, sec. 82, p. 322; am. 2003, ch. 80, sec. 1, p. 254.]
Idaho Code § 42-1805 — Idaho Code / Title 42 / Chapter 18 / Section 42-1805
42-1805 ADDITIONAL DUTIES.
Status: in_force

42-1805. Additional duties. In addition to other duties prescribed by law, the director of the department of water resources shall have the following powers and duties:

(1) To represent the state in all matters pertaining to interstate and international water rights affecting Idaho water resources; and to cooperate with all agencies, now existing or hereafter to be formed, within the state or within other jurisdictions, in matters affecting the development of the water resources of this state.

(2) To prepare a present and continuing inventory of the water resources of this state, ascertain means and methods of conserving and augmenting these and determine as accurately as possible the most effective means by which these water resources may be applied for the benefit of the people of this state.

(3) To conduct surveys, tests, investigations, research, examinations, studies, and estimates of cost relating to availability of unappropriated water, effective use of existing supply, conservation, storage, distribution and use of water.

(4) To prepare and compile information and data obtained and to make the same available to interested individuals or agencies.

(5) To cooperate with and coordinate activities with the director of the department of environmental quality as such activities relate to the functions of either or both departments concerning water quality. Such cooperation and coordination shall specifically require that:

(a) The director meet at least quarterly with the director of the department of environmental quality and his staff to discuss water quality programs. A copy of the minutes of such meeting shall be transmitted to the governor.

(b) The director transmit to the director of the department of environmental quality reports and information prepared by him pertaining to water quality programs and proposed rules pertaining to water quality programs.

(c) The director shall make available to the director of the department of environmental quality and the director of the department of environmental quality shall make available to the director all notices of hearings relating to the promulgation of rules relating to water quality, waste discharge permits, and stream channel alteration, as such directly affect water quality, and notices of any other hearings and meetings which relate to water quality.

(6) To perform administrative duties and such other functions as the board may, from time to time, assign to the director to enable the board to carry out its powers and duties.

(7) After notice, to suspend the issuance or further action on permits or applications, including permits or applications for domestic purposes or uses as defined in section 42-111, Idaho Code, required pursuant to section 42-227, Idaho Code, as necessary to protect existing vested water rights or to ensure compliance with the provisions of chapter 2, title 42, Idaho Code, or to prevent violation of minimum flow provisions of the state water plan.

(8) To promulgate, adopt, modify, repeal and enforce rules implementing or effectuating the powers and duties of the department.

(9) To seek a preliminary or permanent injunction, or both, or a temporary restraining order restraining any person from violating or attempting to violate:

(a) Those provisions of law relating to all aspects of the appropriation of water, distribution of water, headgates and measuring devices; or

(b) The administrative or judicial orders entered in accordance with the provisions of law.

(10) To develop, coordinate and provide, through contract or by other means, for weather modification projects involving cloud seeding that are designed to increase the water supplies of the state by enhancing natural precipitation and that conform to state water planning objectives. To accomplish these purposes, the director is authorized to accept and use funds acquired through legislative appropriation or by gift, grant, contribution or funding received from any private or public individual or entity. All funds accepted under this provision shall be transmitted to the state treasurer for deposit in the water administration account and shall be reserved and made available until expended as ordered by the director for weather modification purposes determined by the director to be beneficial.

(11) To develop and implement a plan for data gathering to determine any effect of the weather modification efforts in which the department is involved.

(12) To receive, file, record, or retain documents of record on media other than paper.

History:

[42-1805, added 1943, ch. 58, sec. 10, p. 120; am. 1969, ch. 469, sec. 4, p. 1352; am. 1974, ch. 20, sec. 32, p. 533; am. 1985, ch. 15, sec. 1, p. 21; am. 1986, ch. 313, sec. 10, p. 775; am. 1993, ch. 32, sec. 1, p. 106; am. 2001, ch. 103, sec. 83, p. 324; am. 2020, ch. 56, sec. 1, p. 136; am. 2025, ch. 129, sec. 5, p. 666.]
Idaho Code § 42-233a — Idaho Code / Title 42 / Chapter 2 / Section 42-233a
42-233a “CRITICAL GROUND WATER AREA” DEFINED — PUBLIC HEARINGS — PUBLICATION OF NOTICE — GRANTING OR DENIAL OF APPLICATION — APPEAL.
Status: in_force

42-233a. "Critical ground water area" defined — Public hearings — Publication of notice — Granting or denial of application — Appeal. "Critical ground water area" is defined as any ground water basin, or designated part thereof, not having sufficient ground water to provide a reasonably safe supply for irrigation of cultivated lands, or other uses in the basin at the then-current rates of withdrawal, or rates of withdrawal projected by consideration of valid and outstanding applications and permits, as may be determined and designated, from time to time, by the director of the department of water resources.

Upon the designation of a "critical ground water area," it shall be the duty of the director of the department of water resources to conduct a public hearing in the area concerned to apprise the public of such designation and the reasons therefor. Notice of the hearing shall be published in two (2) consecutive weekly issues of a newspaper of general circulation in the area immediately prior to the date set for hearing.

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

When a "critical ground water 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.

In the event an application for permit is made with respect to an area that has not been designated as a critical ground water area, the director of the department of water resources shall forthwith issue a permit in accordance with the provisions of section 42-203A and section 42-204, Idaho Code, provided said application otherwise meets the requirements of such sections; and further provided that if the applicant proposes to appropriate water from a ground water basin or basins in an amount which exceeds ten thousand (10,000) acre-feet per year either from a single or a combination of diversion points, and the director determines that the withdrawal of such amount will substantially and adversely affect existing pumping levels of appropriators pumping from such basin or basins, or will substantially and adversely affect the amount of water available for withdrawal from such basin or basins under existing water rights, the director may require that the applicant undertake such recharge of the ground water basin or basins as will offset that withdrawal adversely affecting existing pumping levels or water rights.

In the event an application for permit is made in an area which has been designated as a critical ground water area, if the director of the department of water resources from the investigation made by him on said application as herein provided, or from the investigation made by him in determining the area to be critical, or from other information that has come officially to his attention, has reason to believe that there is insufficient water available subject to appropriation at the location of the proposed well described in the application, the director of the department of water resources may forthwith deny said application; provided, however, that if ground water at such location is available in a lesser amount than that applied for, the director of the department of water resources may issue a permit for the use of such water to the extent that such water is available for such appropriation.

The director may require all water right holders within a critical ground water 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 critical ground water 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 as long as they are in compliance with the ground water management plan.

Any applicant dissatisfied with the decision of the director of the department of water resources may appeal to the district court in the manner provided for in section 42-237e, Idaho Code.

History:

[42-233a, added 1951, ch. 200, sec. 9; am. 1953, ch. 182, sec. 5, p. 277; am. 1963, ch. 216, sec. 2, p. 623; am. 1967, ch. 187, sec. 1, p. 616; am. 1978, ch. 366, sec. 2, p. 956; am. 1995, ch. 286, sec. 1, p. 949; am. 2000, ch. 85, sec. 5, p. 185; am. 2018, ch. 41, sec. 1, p. 103.]
Idaho Code § 42-3236 — Idaho Code / Title 42 / Chapter 32 / Section 42-3236
42-3236 BALLOT.
Status: in_force

42-3236. Ballot. Each ballot shall have attached to it a summary of the terms of the merger, and the ballot issue shall read:

Shall ……………………and …………………sewer and/or water districts merge into one sewer and/or water district to be known as ……………………….on the summary of terms outlined.

(PLACE AN "X" IN THE BOX REFLECTING YOUR CHOICE.)

History:

[42-3236, added 1982, ch. 88, sec. 1, p. 163.]
Idaho Code § 42-203A — Idaho Code / Title 42 / Chapter 2 / Section 42-203A
42-203A NOTICE UPON RECEIPT OF APPLICATION — PROTEST — HEARING AND FINDINGS — APPEALS.
Status: in_force

42-203A. Notice upon receipt of application — Protest — Hearing and findings — Appeals. (1) Upon receipt of an application to appropriate the waters of this state, the department of water resources shall prepare a notice in such form as the department may prescribe, specifying: (a) the number of the application; (b) the date of filing thereof; (c) the name and post-office address of the applicant; (d) the source of the water supply; (e) the amount of water to be appropriated; (f) in general the nature of the proposed use; (g) the approximate location of the point of diversion; and (h) the point of use. The department shall also state in said notice that any protest against the approval of such application, in form prescribed by the department, shall be filed with the department within ten (10) days from the last date of publication of such notice.

(2) The director of the department of water resources shall cause the notice to be published in a newspaper printed within the county wherein the point of diversion lies or, in the event no newspaper is printed in said county, then in a newspaper of general circulation therein. When the application proposes a diversion in excess of ten (10) c.f.s. or one thousand (1,000) acre feet, the director shall cause the notice to be published in a newspaper or newspapers sufficient to achieve statewide circulation. Any notice shall be published at least once each week for two (2) successive weeks.

(3) The director of the department shall also cause notice of the application to be accessible from the department's internet homepage beginning on or before the date the application is first published in the newspaper as described in subsection (2) of this section, and ending no sooner than the deadline for protesting the application, consistent with subsection (1) of this section. Notice accessible from the internet homepage may be represented by an abstract, summary, or other such representation that includes all the information required by subsection (1) of this section for notice of an application. The notice published in the newspaper pursuant to subsection (2) of this section shall be the official notice. Errors or omissions in the notices accessible from the internet homepage shall not invalidate the published notice.

(4) Any person, firm, association or corporation concerned in any such application may, within the time allowed in the notice of application, file with said director of the department of water resources a written protest, together with the statutory filing fee as provided in section 42-221, Idaho Code, against the approval of such application, which protest shall state the name and address of protestant and shall be signed by him or by his agent or attorney and shall clearly set forth his objections to the approval of such application. Hearing upon the protest so filed shall be held within sixty (60) days from the date such protest is received. Notice of this hearing shall be given by mailing notice not less than ten (10) days before the date of hearing and shall be forwarded to both the applicant and the protestant, or protestants, by certified mail. Such notice shall state the names of the applicant and protestant, or protestants, the time and place fixed for the hearing and such other information as the director of the department of water resources may deem advisable. In the event that no protest is filed, then the director of the department of water resources may forthwith approve the application, providing the same in all respects conforms with the requirements of this chapter, and with the regulations of the department of water resources.

(5) Such hearing shall be conducted in accordance with the provisions of section 42-1701A(1) and (2), Idaho Code. The director of the department of water resources shall find and determine from the evidence presented to what use or uses the water sought to be appropriated can be and are intended to be applied. In all applications whether protested or not protested, where the proposed use is such: (a) that it will reduce the quantity of water under existing water rights, or (b) that the water supply itself is insufficient for the purpose for which it is sought to be appropriated, or (c) where it appears to the satisfaction of the director that such application is not made in good faith, is made for delay or speculative purposes, or (d) that the applicant has not sufficient financial resources with which to complete the work involved therein, or (e) that it will conflict with the local public interest as defined in section 42-202B, Idaho Code, or (f) that it is contrary to conservation of water resources within the state of Idaho, or (g) that it 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; the director of the department of water resources may reject such application and refuse issuance of a permit therefor, or may partially approve and grant a permit for a smaller quantity of water than applied for, or may grant a permit upon conditions. Provided however, that minimum stream flow water rights may not be established under the local public interest criterion, and may only be established pursuant to chapter 15, title 42, Idaho Code. The provisions of this section shall apply to any boundary stream between this and any other state in all cases where the water sought to be appropriated has its source largely within the state, irrespective of the location of any proposed power generating plant.

(6) Any person or corporation who has formally appeared at the hearing, aggrieved by the judgment of the director of the department of water resources, may seek judicial review thereof in accordance with section 42-1701A(4), Idaho Code.

History:

[(42-203A) C.S., sec. 5569A, as added by 1929, ch. 212, sec. 1, p. 429; I.C.A., sec. 41-203; am. 1935, ch. 145, sec. 2, p. 353; am. 1967, ch. 374, sec. 2, p. 1079; am. 1969, ch. 469, sec. 1, p. 1346; am. 1978, ch. 306, sec. 1, p. 767; am. 1980, ch. 238, sec. 2, p. 527; am. and redesig. 1985, ch. 17, sec. 1, p. 23; am. 1990, ch. 141, sec. 4, p. 317; am. 1994, ch. 64, sec. 1, p. 122; am. 2003, ch. 298, sec. 2, p. 808; am. 2011, ch. 170, sec. 1, p. 488.]
Idaho Code § 42-3218 — Idaho Code / Title 42 / Chapter 32 / Section 42-3218
42-3218 INCLUSION OF PROPERTY PETITIONED — HEARING — ORDER — ANNEXATION OF PROPERTY PETITIONED — HEARING — ORDER — ANNEXATION OF PROPERTY BY ELECTION — ELECTION PROCEDURE.
Status: in_force

42-3218. Inclusion of property petitioned — Hearing — Order — Annexation of property petitioned — Hearing — Order — Annexation of property by election — Election procedure. The boundaries of any district organized under the provisions of this chapter may be changed in the manner herein prescribed, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever; nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had any such change of boundaries not been made.

(a) The owners of real property may file with the board a petition, in writing, praying that such real property be included in the district. The petition shall describe the property owned by the petitioners, and such petition shall be deemed to give assent of the petitioners to the inclusion in said district of the property described in the petition, and shall be accompanied by a reasonable filing fee in an amount to be determined by the board. Such petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged. The secretary of the board shall cause notice of filing of such petition to be given and published in the county in which the property is situated, which notice shall state the filing of such petition, names of petitioners, descriptions of lands mentioned and the prayer of such petitioners; giving notice to all persons interested to appear at the office of the board at the time named in said notice and show cause in writing, if any they have, why the petition should not be granted. The board shall at the time and place mentioned or at such time or times to which the hearing may be adjourned, proceed to hear the petition and all objections thereto, presented, in writing, by any person showing cause why said petition should not be granted. The failure of any person to show cause in writing shall be deemed as an assent on his part to the inclusion of such lands in the district as prayed in the petition. If the petition is granted, the board shall make an order to that effect and, upon approval of said order, the property shall be included in the district.

(b) The territory adjoining or in close proximity to and in the same county with any district created under the provisions of this chapter may be annexed to the district by either of the following procedures: (1) A petition for annexation of real property described in such petition, which has been signed by the owners of not less than sixty percent (60%) of the area in land within the territory to be annexed, and which contains the separate property descriptions of such petitioners, and which is acknowledged in the same manner that conveyances of land are required to be acknowledged, accompanied by a reasonable filing fee in an amount to be determined by the board, may be filed with the board. Upon filing with the board of such a petition, the secretary of the board shall cause notice of filing of such petition to be given and published in the county in which the property is situated, which notice shall state the filing of such petition, names of petitioners, descriptions of lands mentioned and the prayer of such petitioners; giving notice to all persons interested, including the staff and employees of said district and anyone designated by said district, to appear at the office of the board at the time named in said notice and show cause in writing, if any they have, why the petition should not be granted. The board shall at the time and place mentioned or at such time or times to which the hearing may be adjourned, proceed to hear the petition and all objections thereto, presented, in writing, by any person showing cause why said petition shall not be granted. The failure of any person to show cause in writing shall be deemed as an assent to the annexation of such lands into the district as prayed in the petition. The board shall have full discretion to determine if the petition shall be granted. If the petition is granted, the board shall make an order to that effect. (2) Upon filing with the board of a petition signed by registered voters owning real property residing in the territory to be annexed, who constitute at least twenty percent (20%) of the taxpayers in such territory, praying for an election to determine if annexation shall be made of property designated in such petition, together with payment of a reasonable filing fee in an amount to be determined by the board, the board shall cause notice of filing of such petition to be given and published in the county in which the property is situated, which notice shall state the filing of such petition, names of petitioners, descriptions of lands to be annexed and the prayer of such petition; giving notice to all persons interested, including the staff and employees of said district and anyone designated by said district to appear at the office of the board at the time named in said notice and show cause in writing, if any they have, why the petition shall not be granted. The board shall at the time and place mentioned or at such time or times to which the hearing may be adjourned, proceed to hear the petition and all objections thereto, presented, in writing, by any person showing cause why said petition shall not be granted. The board shall have full discretion to determine if the petition shall be granted, and if such petition is granted, the board shall direct that an election be held, subject to the provisions of section 34-106, Idaho Code. The election shall be conducted in the same manner as general elections in this state, except that the board shall establish as many voting places within such territory proposed to be annexed as are by the board deemed necessary and shall define the boundaries of such voting places. The board shall appoint three (3) judges of election for each voting place, one (1) of whom shall be designated by the board to be the clerk of such election precinct. Each elector shall be registered as required by the general election laws and shall have resided within the area to be annexed for thirty (30) days.

The secretary of the board of directors shall publish notice of the time and place of such election, in accordance with the provisions of section 34-1406, Idaho Code. The notice shall particularly describe the property to be annexed, the name of the district to which the territory is proposed to be annexed, and the terms and conditions prescribed by the board under which the property may be annexed. The notice shall designate the places in the territory where the election will be held, and shall require the voters to cast ballots which shall contain the words:

For annexation to …. District.

Against annexation to …. District.

The judges of the election shall make their return thereof to the board of directors of the district, which shall canvass the returns and render a statement of the results of the election on the records of the board. If the majority of the votes cast favor annexation, the board shall enter an order annexing the property described in the notice of election and the territory shall thereupon become annexed to the district and shall thenceforth be a part of the district.

(c) In all proceedings for inclusion or annexation hereunder, the board shall have the power to prescribe terms and conditions under which said property may be included in the district, including the condition that such property may only be annexed or included within the district if the property is also established as a water or sewer subdistrict of the district, pursuant to sections 42-3218A through 42-3218D, Idaho Code, and may be required to pay the district its pro rata share of construction costs theretofore incurred by the district pursuant to any bond issue theretofore made or otherwise; provided, however, that such terms and conditions shall be announced by the board at or before the hearing to be held pursuant to subparagraphs (a) and (b) above. Within ten (10) days of the announcement of the terms and conditions under which the property may be included the majority of the petitioners filing petitions under the provisions of subparagraphs (a) or (b) may withdraw their petitions, and no further proceedings shall thereafter be had by the board upon such petitions.

(d) All public streets, roads, highways or alleys upon or within which is situated any part of the operative system or equipment of the district and all public streets, roads, highways and alleys which abut against or touch property annexed or to be annexed to the district, to the extent they abut against or touch such property and are not included in a different district, shall be deemed to be included in the district as a part of the annexation and shall be included in the legal description and map which the district must file in the offices of the county assessor, county recorder and the state tax commission as required by section 63-215, Idaho Code; provided, however, that upon application by the district to the state tax commission, if the commission finds after consultation with the county assessor and the county recorder that exemption from the requirements of this subparagraph (d) will not unduly burden state and local tax administration, the commission by order may exempt the district from the requirements of this subparagraph (d), but the district shall be required to comply with section 63-215, Idaho Code.

History:

[42-3218, added 1947, ch. 152, sec. 18, p. 364, am. 1957, ch. 29, sec. 4, p. 40; am. 1969, ch. 274, sec. 1, p. 816; am. 1973, ch. 110, sec. 1, p. 196; am. 1975, ch. 28. sec. 1, p. 43; am. 1988, ch. 215, sec. 2, p. 407; am. 1995, ch. 118, sec. 67, p. 483; am. 1996, ch. 322, sec. 39, p. 1067; am. 2006, ch. 167, sec. 1, p. 515.]
Idaho Code § 42-2944 — Idaho Code / Title 42 / Chapter 29 / Section 42-2944
42-2944 PAYMENTS TO CONTRACTORS.
Status: in_force

42-2944. Payments to contractors. During the construction of said improvement, said commissioners shall have the right to allow payment thereof, in installments as the work progresses, in proportion to the amount of work completed: provided, that no allowance or payment shall be made for said work to any contractor or subcontractor to exceed ninety per cent (90%) of the proportionate amount of the work completed by such contractor or subcontractor, and ten per cent (10%) of the contract price shall be reserved at all times by said board of commissioners until said work is wholly completed, and shall not be paid upon the completion of said work until ninety (90) days have expired for the presentation of all claims for labor performed and materials, goods, wares, merchandise and provisions furnished or used in the construction of said improvements. Upon the completion of said work and the payment of all claims hereinbefore provided for according to the terms and conditions of said contract, said commissioners shall accept said improvement and pay the contract price therefor.

History:

[(42-2944) 1913, ch. 16, sec. 20, p. 58; reen. C.L. 168:41; am. 1919, ch. 183, sec. 10, p. 558; C.S., sec. 4535; I.C.A., sec. 41-2544.]
Idaho Code § 42-2507 — Idaho Code / Title 42 / Chapter 25 / Section 42-2507
42-2507 TRANSFER OF STOCK CERTIFICATES EVIDENCING WATER RIGHT.
Status: in_force

42-2507. Transfer of stock certificates evidencing water right. When a transfer of a water right or of a portion thereof is made effectual under this chapter otherwise than by lease the certificate or certificates evidencing the ownership thereof shall be surrendered to the corporation, and the officers of the corporation shall issue new certificates to the person or persons entitled thereto, specifying the land or lands to which the water right is appurtenant after such transfer and the amount of such right which is appurtenant to any of said lands.

History:

[(42-2507) 1917, ch. 159, sec. 8, p. 484; reen. C.L. 130:8; C.S., sec. 3058; I.C.A., sec. 41-2107.]
Idaho Code § 42-3909 — Idaho Code / Title 42 / Chapter 39 / Section 42-3909
42-3909 DISAPPROVAL OF APPLICATION — OWNER OR OPERATOR ENTITLED TO HEARING — PROCEDURE — JUDICIAL REVIEW.
Status: in_force

42-3909. Disapproval of application — Owner or operator entitled to hearing — Procedure — Judicial review. Any owner or operator aggrieved by the disapproval of an application or by the conditions imposed in a permit shall upon request therefor in writing within thirty (30) days after receipt of notice of such disapproval or conditional approval, be afforded an opportunity for a hearing before the water resources board, such hearing to be conducted in accordance with chapter 52, title 67, Idaho Code, at a place convenient to the owner or operator. Such hearing shall be held for the purpose of determining whether the permit should be issued or whether the conditions imposed in a permit are reasonable, or whether a change in circumstances warrants a change in the conditions imposed in a valid permit. For purposes of such hearing the water resource board shall have power to administer oaths, examine witnesses, and issue in the name of the board subpoenas requiring testimony of witnesses and the production of evidence relevant to any matter in the hearing. A certified transcript of the proceedings and the evidence received at such hearing shall be maintained by the board. The board shall affirm, modify or reject the director's decision, and make its decision in the form of an order to the director. Judicial review of a final determination by the board may be secured by the owner or operator by filing a petition for review as prescribed by chapter 52, title 67, Idaho Code, in the district court of the county wherein the injection well is situated. The petition for review shall be served upon the chairman of the water resource board and upon the attorney general as provided by the Idaho rules of civil procedure.

History:

[42-3909, added 1971, ch. 301, sec. 9, p. 1235; am. 1974, ch. 20, sec. 44, p. 533; am. 1984, ch. 155, sec. 10, p. 376.]
Idaho Code § 42-4013 — Idaho Code / Title 42 / Chapter 40 / Section 42-4013
42-4013 COOPERATIVE UNIT AGREEMENTS — VOLUNTARY — INVOLUNTARY.
Status: in_force

42-4013. Cooperative unit agreements — Voluntary — Involuntary. (a) Whenever the director finds that it is in the public interest and especially in the interest of the conservation of natural resources and of the protection of the geothermal resources of this state from waste, the lessors, lessees, operators, owners, or other persons holding or controlling royalty or other interests in the separate properties of the same geothermal area may, with the approval of the board, enter into an agreement for the purpose of bringing about the cooperative development, operation, and maintenance of all or a portion of the geothermal resources of the geothermal area as a unit; or for the purpose of fixing the time, location, and manner of drilling, operating, and maintaining of wells and of injection wells. Any such agreement shall bind the successors and assigns of the parties thereto and shall be enforceable by the parties thereto by an action for specific performance. No such agreement, when approved by the board pursuant to this section, shall be held to violate any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations or conspiracies in restraint of trade or commerce to the extent that the provisions of such agreement relate to the purpose of this section. No such agreement authorization shall constitute a waiver of any permit, license, lease, or other authorization required under this act or under any other provision of state law or any regulation adopted by any agency or subdivision of this state. The board may establish procedures to govern the establishment or adoption of such cooperative unit agreements.

(b) Whenever the director finds that a geothermal resource area should be cooperatively operated as a unit to avoid waste, and the persons owning tracts or interests in such area refuse to enter into a cooperative agreement pursuant to subdivision (a) of this section, the board, after notice and hearing, may issue an order that such area shall be operated as a unit. Such order shall provide an equitable sharing of proceeds and liabilities from the geothermal resource area among the several owners of tracts and interests therein.

History:

[42-4013, added 1972, ch. 301, sec. 14, p. 749; am. 1974, ch. 20, sec. 61, p. 533.]
Idaho Code § 42-2955 — Idaho Code / Title 42 / Chapter 29 / Section 42-2955
42-2955 EXCHANGE OF BONDS FOR WARRANTS.
Status: in_force

42-2955. Exchange of bonds for warrants. Said bonds may be exchanged at not less than their par value for an equal amount of the warrants of the district issuing such bonds.

History:

[(42-2955) 1913, ch. 16, sec. 27, p. 58; reen. C.L. 168:52; C.S., sec. 4546; I.C.A., sec. 41-2555.]
Idaho Code § 42-2209 — Idaho Code / Title 42 / Chapter 22 / Section 42-2209
42-2209 RELEASE OF LIEN.
Status: in_force

42-2209. Release of lien. It shall be the duty of the company, corporation or association of persons filing a lien statement as provided in section 42-2203, to cause a release of the same upon the records of the county where filed, in the same manner and with like penalties for failure as is or may be provided by law in case of real estate mortgages.

History:

[(42-2209) 1913, ch. 120, sec. 10, p. 467; reen. C.L. 129:9; C.S., sec. 3048; I.C.A., sec. 41-1909.]
Idaho Code § 42-4004 — Idaho Code / Title 42 / Chapter 40 / Section 42-4004
42-4004 PROCESSING OF APPLICATIONS — INVESTIGATIONS — HEARINGS.
Status: in_force

42-4004. Processing of applications — Investigations — Hearings. (a) Upon receipt of an application made pursuant to section 42-4003, Idaho Code, it shall be the duty of the director to examine such application to ascertain, within thirty (30) days of receipt, if it sets forth all information required by that section and all the information necessary for the director to make the determination required by this section. If upon such examination the application is found to be defective, the director shall return such application for correction, or notify the applicant that such application is defective, and the applicant may correct such application within thirty (30) days or make a new application. All applications which comply with the provisions of this chapter and with the rules of the water resource board shall be accepted by the director and numbered in a manner which will aid in their identification.

(b) Within thirty (30) days of the receipt and acceptance of a proper application and the determination of its completeness in accordance with subsection (a) of this section, the director shall undertake and thereafter diligently conduct such investigations as necessary to determine that the construction or alteration of the proposed well or injection well will be in the public interest. The director may consider, but is not limited in his consideration to:

(1) The financial resources of the applicant, his principal, or other person who may be legally responsible for the subject well or injection well, and the probability that such person will be financially able to bear all costs for which he might be responsible which may be incident to the construction, operation, and maintenance of the well or injection well proposed to be constructed or altered.

(2) The adequacy of measures proposed to safeguard subsurface, surface, and atmospheric resources from unreasonable degradation, and especially to protect ground-water aquifers and surface-water sources from contamination which would render such water of lesser quality than it would have had but for the contamination.

(3) The possibility that the construction and maintenance of the proposed well will cause waste or will damage any geothermal resource, reservoir, or other source, by unreasonable reduction of pressures or unreasonable reduction of any geothermal resource material medium or in any other manner, so as to render any geothermal resource of unreasonably less value.

(4) The adequacy of measures proposed to safeguard the environment of the area around the site of the proposed well from unreasonable contamination or pollution.

(5) Any possible interdependence between any geothermal resource, reservoir, pool, or other source expected to be affected under the permit and any aquifers or other sources of ground waters used for beneficial uses other than uses as a material medium or a mineral source, and the probability that such interdependence may cause such ground-water sources to be inadequate to meet demands on them under existing water rights.

(c) Upon completion of the investigations required under subsection (b) of this section, the director shall approve the application in whole or in part or upon conditions, or reject the application. Any applicant or the director shall have a right to have a public hearing concerning the propriety of issuing a permit for which an application has been made under section 42-4003, Idaho Code. Hearings held under this subsection shall be governed by rules of procedure adopted by the water resource board pursuant to chapter 52, title 67, Idaho Code. Hearings held under this subsection shall be held at any location found to be appropriate by the water resource board.

History:

[42-4004, added 1972, ch. 301, sec. 5, p. 749; am. 1974, ch. 20, sec. 52, p. 533; am. 2007, ch. 189, sec. 2, p. 556.]
Idaho Code § 42-4403 — Idaho Code / Title 42 / Chapter 44 / Section 42-4403
42-4403 DEFINITIONS.
Status: in_force

42-4403. Definitions. As used in this chapter:

(1) "Board" or "board of commissioners" means the board of commissioners of the levee district.

(2) "Commissioner" means a member of the board of commissioners of the levee district.

(3) "District" means any levee district organized under the provisions of this chapter.

(4) "Levee" means a retaining structure alongside a natural lake which has a length that is two hundred (200) times or more greater than its greatest height measured from the lowest elevation of the toe to the maximum crest elevation of the retaining structure.

(5) "State" means the state of Idaho.

History:

[42-4403, added 1990, ch. 396, sec. 1, p. 1108.]
Idaho Code § 42-1778 — Idaho Code / Title 42 / Chapter 17 / Section 42-1778
42-1778 WATER RIGHTS ENFORCEMENT ACCOUNT.
Status: in_force

42-1778. Water rights enforcement account. (1) The water rights enforcement account is hereby created and established in the agency asset fund.

(2) All moneys in the water rights enforcement account are reserved, set aside, appropriated and made available until expended as may be directed by the director of the department of water resources in carrying out a water rights enforcement program.

History:

[42-1778, added 1986, ch. 313, sec. 9, p. 774.]
Idaho Code § 42-3004 — Idaho Code / Title 42 / Chapter 30 / Section 42-3004
42-3004 CONFIRMATION PROCEEDINGS — PETITION.
Status: in_force

42-3004. Confirmation proceedings — Petition. The board of drainage commissioners shall file in the district court of the county in which the greater portion of their lands are situated, a petition, praying that the proceedings aforesaid may be examined, approved and confirmed, and that they may be authorized and directed to execute and negotiate the said refunding bonds. The petition shall state generally that the drainage district is duly organized; that an assessment roll has theretofore been duly prepared, approved and confirmed by the court; the aggregate amount of the assessments contained therein; the amount and date of the bonds outstanding which it is sought to refund; that the same are valid and binding obligations of the district, and that it will be of benefit to the district, or the property owners therein that said bonds be refunded, together with the proceedings had and taken by the commissioners toward the issuance of said refunding bonds, and said petition need not state any further facts.

History:

[(42-3004) 1925, ch. 21, sec. 4, p. 29; I.C.A., sec. 41-2604.]
Idaho Code § 42-5258 — Idaho Code / Title 42 / Chapter 52 / Section 42-5258
42-5258 REINSTATEMENT OF LANDS.
Status: in_force

42-5258. Reinstatement of lands. Where lands have been excluded from a ground water district they may be reinstated to the district by following the procedures provided in sections 42-5245 through 42-5250, Idaho Code, except that the board of directors, in its discretion, may refuse for any reason to annex such lands to the district.

History:

[42-5258, added 1995, ch. 290, sec. 1, p. 1007.]
Idaho Code § 42-3705 — Idaho Code / Title 42 / Chapter 37 / Section 42-3705
42-3705 CREATION OF WATERSHED IMPROVEMENT DISTRICTS.
Status: in_force

42-3705. Creation of watershed improvement districts. Any fifteen (15) owners of land lying within the limits of the territory proposed to be organized into a watershed improvement district may file a petition with the state soil and water conservation commission asking that a watershed improvement district be organized to function in the territory described in the petition. In the event that there are less than fifteen (15) persons owning land lying within the limits of the territory proposed to be organized into a district, then and in that case such petition will be deemed sufficient if it contains the signatures of two-thirds (2/3) of the owners of land and representing two-thirds (2/3) of the acreage of land lying within the limits of the said territory. Such petition shall set forth:

1. A description of the territory proposed to be organized as a watershed improvement district, which description shall be deemed sufficient if generally accurate.

2. That there is need, in the interest of the public health, safety, and general welfare for a watershed improvement district to function in the territory described in the petition.

3. The proposed name of said district.

4. A request that the state soil and water conservation commission duly define the boundaries for such district; that an election be held within the territory so defined on the question of the creation of a watershed improvement district in such territory.

After such petition has been filed with the state soil and water conservation commission it shall be the duty of the commission to define by metes and bounds or by legal subdivisions the boundaries of such proposed district, and to hold an election, subject to the provisions of section 34-106, Idaho Code, within the proposed district upon the proposition of the creation of the district, and to cause notice of such election to be given. The question shall be submitted by ballots upon which the words "For creation of a watershed improvement district of the lands below described and lying in the county(ies) of …., …. and …." and "Against creation of a watershed improvement district of the lands below described and lying in the county(ies) of …., …. and …." shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the state soil and water conservation commission.

All qualified electors who own land within the proposed district shall be eligible to vote in the election.

The state soil and water conservation commission shall pay all expenses of, and supervise the conduct of, such election. The commission shall conduct the election as provided in chapter 14, title 34, Idaho Code. No informality in the conduct of such election or in any matter relating thereto shall invalidate said election or the result thereof if notice thereof shall have been given substantially as herein provided, and said election shall have been fairly conducted.

If the election shall result in a majority of votes being cast in favor of the creation of such proposed district the state soil and water conservation commission shall proceed with the organization of the district in the manner hereinafter provided, to wit:

1. The state soil and water conservation commission shall appoint one (1) director to act with the two (2) directors elected as hereinafter provided, which said directors shall be the governing body of the district.

2. The state soil and water conservation commission shall present to the secretary of state a certificate stating:

(a) That a petition for the creation of said district was filed with the state soil and water conservation commission.

(b) The name and residence of the directors appointed by said commission.

(c) The name which is proposed for said district.

(d) That an election on such petition was held, and that the majority of votes cast in said election favored the formation of the district.

The secretary of state shall receive, file and record said certificate of the state soil and water conservation commission, and when said certificate shall be filed and recorded the district shall constitute a governmental subdivision of this state and a public body corporate and politic. The secretary of state shall make and issue to the said directors a certificate of the due organization of the said district.

History:

[42-3705, added 1957, ch. 226, sec. 5, p. 508; am. 1995, ch. 118, sec. 72, p. 487; am. 2010, ch. 279, sec. 29, p. 751.]
Idaho Code § 42-1757 — Idaho Code / Title 42 / Chapter 17 / Section 42-1757
42-1757 MEMBERS OF BOARD — CONFLICTS OF INTEREST.
Status: in_force

42-1757. Members of board — Conflicts of interest. No member of the board shall participate in the action of the board, nor be present during the board's deliberations, concerning an application for a loan by an entity in which such board member is an officer, agent or employee, or in which such board member has any interest.

History:

[42-1757, added 1969, ch. 333, sec. 8, p. 1051.]
Idaho Code § 42-1701A — Idaho Code / Title 42 / Chapter 17 / Section 42-1701A
42-1701A HEARINGS BEFORE DIRECTOR — APPEALS.
Status: in_force

42-1701A. Hearings before director — Appeals. (1) All hearings required by law to be held before the director of the department of water resources shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code, and rules of procedure promulgated by the director.

(2) The director, in his discretion, may direct that a hearing be conducted by a hearing officer appointed by the director. In such event, the hearing officer shall have the duty to make a complete record of the evidence presented and duly received at the hearing and to prepare a recommended or preliminary order in accordance with chapter 52, title 67, Idaho Code, and rules of procedure promulgated by the director.

(3) Unless the right to a hearing before the director or the water resource board is otherwise provided by statute, any person aggrieved by any action of the director, including any decision, determination, order or other action, including action upon any application for a permit, license, certificate, approval, registration, or similar form of permission required by law to be issued by the director, who is aggrieved by the action of the director, and who has not previously been afforded an opportunity for a hearing on the matter shall be entitled to a hearing before the director to contest the action. The person shall file with the director, within fifteen (15) days after receipt of written notice of the action issued by the director, or receipt of actual notice, a written petition stating the grounds for contesting the action by the director and requesting a hearing. The director shall give such notice of the petition as is necessary to provide other affected persons an opportunity to participate in the proceeding. The hearing shall be held and conducted in accordance with the provisions of subsections (1) and (2) of this section. Judicial review of any final order of the director issued following the hearing shall be had pursuant to subsection (4) of this section.

(4) Any person who is aggrieved by a final decision or order of the director is entitled to judicial review. The judicial review shall be had in accordance with the provisions and standards set forth in chapter 52, title 67, Idaho Code.

(5) The director shall not issue an order establishing a new or revised methodology for determining material injury under the rules for conjunctive management of surface and ground water resources without first giving affected persons notice and an opportunity to request a hearing in accordance with section 67-5242, Idaho Code, prior to issuance of such order, except in emergency proceedings under section 67-5247, Idaho Code, or informal disposition under section 67-5241, Idaho Code. Any final order issued pursuant to this subsection shall be issued no later than December 1 prior to the year such order takes effect. If a hearing is held pursuant to this subsection, any person aggrieved by the final order shall not be entitled to a hearing as provided in subsection (3) of this section. This subsection shall not apply to any orders that implement or apply the methodology steps for purposes of conjunctive water right administration.

History:

[42-1701A, added 1980, ch. 238, sec. 1, p. 526; am. 1993, ch. 216, sec. 36, p. 619; am. 1994, ch. 450, sec. 2, p. 1435; am. 2003, ch. 138, sec. 1, p. 403; am. 2025, ch. 128, sec. 1, p. 662.]
Idaho Code § 42-3313 — Idaho Code / Title 42 / Chapter 33 / Section 42-3313
42-3313 COMMISSION TO SERVE ON JOINT COMMISSION RELATING TO WATERS OF SNAKE RIVER.
Status: in_force

42-3313. Commission to serve on joint commission relating to waters of Snake River. The governor of the state of Idaho is hereby authorized to appoint a commission of ten (10) members, of which the director of the department of water resources shall be one (1), to represent the state of Idaho on a joint commission to be composed of commissioners representing the states of Wyoming and Idaho and a commissioner that may be appointed by the President of the United States, to be constituted by said states for the purpose of negotiating and entering into a compact or compacts, agreement or agreements, between the states, with the consent of congress, respecting the lawful diversion, distribution, and further utilization and disposition of the waters of the Snake River and all streams tributary thereto, with due regard to vested rights, mutual benefits and equitable apportionment, and fixing and determining a method of regulation, administration and control of the waters of said river; provided, however, that any compact or agreement so entered into on behalf of said states shall not be binding or obligatory upon either of said states or citizens thereof until and unless the same shall have been ratified and approved by the legislatures of both states and by the congress of the United States.

History:

[42-3313, added 1949, ch. 11, sec. 1, p. 11.]
Idaho Code § 42-3304 — Idaho Code / Title 42 / Chapter 33 / Section 42-3304
42-3304 DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES AND ATTORNEY GENERAL TO RENDER ASSISTANCE.
Status: in_force

42-3304. Director of the 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, 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:

[42-3304, added 1943, ch. 90, sec. 4, p. 180.]
Idaho Code § 42-3303 — Idaho Code / Title 42 / Chapter 33 / Section 42-3303
42-3303 AUTHORITY AND DUTIES OF COMMISSIONERS.
Status: in_force

42-3303. Authority and duties of commissioners. Said commissioners, or alternate commissioners in the absence of appointed commissioners, for the state of Idaho shall have authority to make full investigations of Bear River and its tributaries and the drainage area thereof, as may be necessary in order to determine the facts as to physical conditions obtaining upon said river, and of the present and future needs of the state of Idaho and its citizens, to the proper use and benefits of the waters of said stream and to perform such other duties as may be necessary to sufficiently determine such facts and to secure the necessary information in order that they may properly perform their duties as commissioners of the state of Idaho upon said joint commission.

History:

[42-3303, added 1943, ch. 90, sec. 3, p. 180; am. 2017, ch. 74, sec. 2, p. 187.]
Idaho Code § 42-3604 — Idaho Code / Title 42 / Chapter 36 / Section 42-3604
42-3604 UTILIZATION OF ADMINISTRATIVE APPROPRIATIONS AND PERSONNEL.
Status: in_force

42-3604. Utilization of administrative appropriations and personnel. For the purpose of executing section 42-3602, Idaho Code, the director of the department of lands is authorized to utilize existing and regular administrative appropriations and personnel. For the purposes of executing the provisions of section 42-3603, Idaho Code, the director is authorized to expend such funds as may now or hereafter be available to him for said purposes and he may likewise expend such moneys, over which he may be given control, as may be granted to the state of Idaho by the United States of America or anyone else for said purposes.

History:

[42-3604, added 1957, ch. 120, sec. 4, p. 199; am. 1974, ch. 17, sec. 25, p. 308.]
Idaho Code § 42-3222 — Idaho Code / Title 42 / Chapter 32 / Section 42-3222
42-3222 INDEBTEDNESS OF DISTRICT — SUBMISSION OF PROPOSITION TO ELECTORATE.
Status: in_force

42-3222. Indebtedness of district — Submission of proposition to electorate. Whenever any board shall, by resolution, determine that the interest of said district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, public or private, municipalities, or governmental subdivisions, to carry out the objects or purposes of said district, requiring the creation of an indebtedness that will exceed the income and revenue provided for the year, said board shall order the submission of the proposition of issuing such obligations or bonds, or creating other indebtedness to the qualified electors of the district at an election held, subject to the provisions of section 34-106, Idaho Code, for that purpose. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolution shall also fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness. Such resolution shall also fix the compensation to be paid the officers of the election and shall designate the polling place or places and shall appoint, for each polling place from the electors of the district, the officers of such election consisting of three (3) judges, one (1) of whom shall act as clerk.

History:

[42-3222, added 1947, ch. 152, sec. 22, p. 364; am. 1957, ch. 29, sec. 5, p. 40; am. 1971, ch. 25, sec. 6, p. 61; am. 1992, ch. 151, sec. 1, p. 457; am. 1995, ch. 118, sec. 68, p. 486.]
Idaho Code § 42-2902 — Idaho Code / Title 42 / Chapter 29 / Section 42-2902
42-2902 APPROPRIATION OF WATER AVAILABLE FOR IRRIGATION PURPOSES.
Status: in_force

42-2902. Appropriation of water available for irrigation purposes. The boards of commissioners of drainage districts are hereby authorized and empowered to file upon and appropriate in the manner provided by law, waters created or made available for irrigation purposes, by the construction of drainage works within such district, whenever the same can be applied to a beneficial use upon lands within the district, without impairing prior existing rights, which waters shall be equitably and ratably distributed in the manner provided by law to lands within the district which may beneficially use the same in the proportion that the assessment for drainage of each tract of said land bears to the whole assessment within the district: provided, that where lands within the district have an adequate water right and the water made available for irrigation by the construction of such works, may be beneficially used upon other lands within the district, the board of commissioners may supply such lands with water, upon their assuming to pay their proportionate share of the drainage assessments, and credit other lands within the district creating such water supply with their ratable proportion, of the actual cost of the delivery thereof.

History:

[(42-2902) 1923, ch. 134, sec. 1, p. 195; I.C.A., sec. 41-2502.]
Idaho Code § 42-2951 — Idaho Code / Title 42 / Chapter 29 / Section 42-2951
42-2951 LEGALIZATION OF WARRANTS ISSUED UNDER FORMER ACT.
Status: in_force

42-2951. Legalization of warrants issued under former act. Whenever any territory of the state of Idaho heretofore organized as a drainage district under the provisions of sections 2444 to 2483 inclusive, of the Revised Codes, shall be hereafter organized as a drainage district under the provisions of a subsequent drainage law, all debts incurred and warrants issued by the commissioners of said drainage district as heretofore organized, shall be and hereby are made legal and valid obligations against the district as organized under such subsequent drainage law: provided, however, that all debts incurred and warrants issued shall be reported to the district court by the commissioners who incurred said indebtedness or issued said warrants, or by any one of said commissioners, under oath, and be certified to as correct by the district judge of the county in which said district was located; and after such certification said district judge shall order a levy made for the payment of said obligations, and the taxes shall be collected the same as general taxes are collected: provided, however, that any creditor of any drainage district organized under sections 2444 to 2483 inclusive, of the Revised Codes, shall have the right of suit against said district, after reasonable notice of his claim to the commissioners therein, and their neglect or refusal to report said claim to the district court for certification as to its correctness: provided further, that in cases where the district as organized under a subsequent drainage law shall include other lands than were included in the district originally organized under sections 2444 to 2483 inclusive, of the Revised Codes, upon the certification of the correctness of the debts incurred and warrants issued by the commissioners of said district, by the district judge as herein provided, such debts incurred and warrants issued shall be deemed to be obligations upon the lands embraced within the limits of the district as originally organized under said sections 2444 to 2483 inclusive, of the Revised Codes, and be collected as herein provided.

History:

[(42-2951) 1913, ch. 17, sec. 1, p. 58; reen. C.L. 168:48; C.S., sec. 4542; I.C.A., sec. 41-2551.]
Idaho Code § 42-208 — Idaho Code / Title 42 / Chapter 2 / Section 42-208
42-208 CANCELLATION OR REVOCATION FOR NONCOMPLIANCE.
Status: in_force

42-208. Cancellation or revocation for noncompliance. Every permit to appropriate water for power purposes hereafter issued by the director of the department of water resources shall have plainly printed thereon, that the same is issued subject to the provisions of this act and in the event of its sale, transfer, assignment or of its being mortgaged without a compliance with the provisions of this act, such permit shall be immediately canceled and revoked by the director of the department of water resources.

History:

[42-208, added 1937, ch. 142, sec. 4, p. 233; am. 1947, ch. 66, sec. 4, p. 106.]
Idaho Code § 42-2028 — Idaho Code / Title 42 / Chapter 20 / Section 42-2028
42-2028 FORECLOSURE OF LIEN.
Status: in_force

42-2028. Foreclosure of lien. Upon default of any of the deferred payments secured by any lien under the provisions of this chapter, the person, company of persons, association or incorporated company, holding or owning said lien, may foreclose the same according to the terms and conditions of the contract granting and selling to the settler the water right.

History:

[(42-2028) 1895, p. 215, ch. 2, part of sec. 20; reen. 1899, p. 282, ch. 2, sec. 20; reen. R.C., sec. 1629; reen. C.L., sec. 1629d; C.S., sec. 3021; I.C.A., sec. 41-1728.]
Idaho Code § 42-4220 — Idaho Code / Title 42 / Chapter 42 / Section 42-4220
42-4220 ENTRY OF DELINQUENT ASSESSMENTS — FILING OF DELINQUENCY LIST.
Status: in_force

42-4220. Entry of delinquent assessments — Filing of delinquency list. On or before the 15th day of January of each year the treasurer shall enter the amount of all delinquent assessments upon the assessment book, which entry shall be considered to be dated as of the first day of January. Such entry shall have the force and effect of a sale to the treasurer of the district as grantee in trust for the district of all property to which a lien has attached as a result of such unpaid assessments.

The treasurer shall compile a list of such delinquency entries which shall contain the names of the persons or entities to whom the assessments were directed and the amount of such delinquent assessments together with the amount of the penalties to be added thereto. A certified copy of the delinquency list shall be filed with the county recorder of each county in which the properties affected by such delinquent assessments are located.

History:

[42-4220, added 1978, ch. 293, sec. 1, p. 736.]
Idaho Code § 42-3305 — Idaho Code / Title 42 / Chapter 33 / Section 42-3305
42-3305 REQUEST FOR RECIPROCAL LEGISLATION AND PROPER CONGRESSIONAL RESOLUTION.
Status: in_force

42-3305. Request for reciprocal legislation and proper congressional resolution. The governor of Idaho shall advise the governors of the states of Utah and Wyoming and the President of the United States of this enactment and request that reciprocal legislation be enacted by said states and that a proper resolution be adopted by the congress of the United States giving permission to the states of Idaho, Utah and Wyoming to enter into a compact or agreement respecting the control and use of the waters of Bear River and its tributaries.

History:

[42-3305, added 1943, ch. 90, sec. 5, p. 180.]
Idaho Code § 42-3509 — Idaho Code / Title 42 / Chapter 35 / Section 42-3509
42-3509 REMUNERATION AND EXPENSES OF COLUMBIA COMPACT COMMISSIONERS.
Status: in_force

42-3509. Remuneration and expenses of Columbia Compact commissioners. The remuneration and expenses of the commissioners and the share of the state of Idaho in the expenses of the Columbia Compact Commission shall be appropriated by the legislature to the state department of water resources for these purposes.

History:

[42-3509, added 1963, ch. 310, sec. 6, p. 818.]
Idaho Code § 42-1412 — Idaho Code / Title 42 / Chapter 14 / Section 42-1412
42-1412 OBJECTIONS — RESPONSES TO OBJECTIONS — HEARING BEFORE DISTRICT JUDGE — ENTRY OF FINAL DECREE.
Status: in_force

42-1412. Objections — Responses to objections — Hearing before district judge — Entry of final decree. (1) Any claimant who desires to object to a water right, or to a general provision in the director's report, shall file an objection with the district court within the time specified in the notice of filing of the director's report. The claimant shall also send a copy of the objection to the claimant whose water right claim is the subject of the objection and to the director.

(2) The director may file with the district court a supplemental report to any objection to the director's report within the time specified in the notice of filing of the report. The director shall file with the district court the original of the notice of claim. The director shall mail a copy of the supplemental report to the objector and the claimant whose right is the subject of the objection. A claimant may file with the district court a response to any objection filed with respect to the claimant's water right within the time specified in the notice of filing of the report. If a party other than the claimant or the objector desires to participate in the proceeding concerning a particular objection, the party shall file a response to the objection that states the position of the party. In addition, any party may intervene in any objection proceeding in accordance with rules of practice and procedure established by the district court.

(3) The notice of claim, objections, and responses to objections, shall identify the issues to be heard for water rights acquired under state law.

(4) Following expiration of the period for filing objections and responses thereto, the district court shall hear and determine the objections to any water right or to any general provision in the director's report. The court shall before any trial, however, order a settlement conference to determine whether the matter can be settled. The court may request the director to conduct a further investigation and to submit a supplemental report for any water right acquired under state law that is the subject of an objection. In addition, the district court or a party may request the director or his designee to present the basis for the recommendations in the director's report.

(5) The district court or special master shall conduct the trial without a jury on an objection or any group of objections in accordance with the Idaho rules of civil procedure.

(6) The district court shall enter a partial decree determining the nature and extent of the water right which is the subject of the objection or other matters which are the subject of the objection. The decree shall contain or incorporate a statement of each element of a water right as stated in subsections (2) and (3) of section 42-1411, Idaho Code, as applicable. The decree shall also contain an express statement that the partial decree is subject to such general provisions necessary for the definition of the rights or for the efficient administration of the water rights. Upon entry of the decree, the clerk of the district court shall send a certified copy of the decree to the director in accordance with section 42-1403, Idaho Code. The clerk of the district court shall notify the objector and claimant of each right as to which an objection was determined by the district court of entry of the decree in the manner provided in the Idaho rules of civil procedure.

(7) Not less than sixty (60) days after the expiration of the period for filing objections, the director shall file with the district court a statement of those portions of the director's report for which no objection was filed. Following hearing, the district court shall enter a partial decree as to those portions of the director's report for which no objection has been filed. However, the district court may exclude unobjected claims from this list if the unobjected claim may be affected by the outcome of a contested matter. The decree shall contain or incorporate a statement of those elements of a water right contained in the director's report for water rights acquired under state law. Upon entry of the decree, the clerk of the district court shall send a certified copy of the decree to the director in accordance with section 42-1403, Idaho Code. The clerk of the district court shall notify each claimant of entry of the decree in the manner provided in the Idaho rules of civil procedure.

(8) Upon resolution of all objections to water rights acquired under state law, to water rights established under federal law, and to general provisions, and after entry of partial decree(s), the district court shall combine all partial decrees and the general provisions into a final decree.

(9) The district court may extend or shorten the time for filing any objection to the director's report or any response to an objection.

History:

[42-1412, added 1986, ch. 220, sec. 14, p. 575; am. 1987, ch. 158, sec. 1, p. 308; am. 1994, ch. 454, sec. 20, p. 1466; am. 1994, ch. 455, sec. 4, p. 1486; am. 1997, ch. 374, sec. 5, p. 1200; am. 2002, ch. 13, sec. 2, p. 19.]
Idaho Code § 42-1801a — Idaho Code / Title 42 / Chapter 18 / Section 42-1801a
42-1801a NAME OF DEPARTMENT CHANGED.
Status: in_force

42-1801a. Name of department changed. Wherever the words department of reclamation or department of water administration appear in the Idaho Code they shall mean the department of water resources, and wherever the words state reclamation engineer or deputy state reclamation engineer appear in the Idaho Code they shall mean the director of the department of water resources or the deputy director of the department of water resources, respectively.

History:

[42-1801a, added 1970, ch. 12, sec. 2, p. 21; am. 1974, ch. 20, sec. 28, p. 533.]
Idaho Code § 42-5264 — Idaho Code / Title 42 / Chapter 52 / Section 42-5264
42-5264 CONDUCT OF DISSOLUTION ELECTION.
Status: in_force

42-5264. Conduct of dissolution election. An election on a dissolution petition shall be held in all respects as near as practicable in conformity with the provisions of sections 42-5211 through 42-5213, Idaho Code. Those district members who are qualified to vote pursuant to section 42-5210(1), Idaho Code, shall be entitled to vote in the dissolution election. Upon the ballots used at such elections shall be written or printed "For Dissolution–Yes" and "For Dissolution–No," depending upon the nature of the proposal to be voted upon. Each member qualified to vote in the election shall cast a number of votes in proportion to that user's cubic feet per second of ground water rights.

History:

[42-5264, added 1995, ch. 290, sec. 1, p. 1008.]
Idaho Code § 42-2937 — Idaho Code / Title 42 / Chapter 29 / Section 42-2937
42-2937 ASSESSMENT TO PAY JUDGMENT OF DISMISSAL.
Status: in_force

42-2937. Assessment to pay judgment of dismissal. In event of the dismissal of said proceedings, as hereinbefore provided, said drainage commissioners shall levy a tax upon all the real estate within said district, taking as a basis the last equalized assessment of said real estate for state and county purposes sufficient to pay said judgment and the cost of levying said tax, and shall cause said tax roll to be filed in the office of the clerk of the district court in which such judgment was rendered. If said tax is not paid within one year after the filing of said tax roll, the court shall, upon the application of any party interested, direct said real estate to be sold in payment of said tax, said sale to be made in the same manner and by the same officer as is or may be provided by law for the sale of real estate for taxes for general purposes; and the same right of redemption shall exist as in the sale of real estate for the payment of taxes for general purposes.

History:

[(42-2937) 1913, ch. 16, sec. 17, p. 58; reen. C.L. 168:34; C.S., sec. 4528; I.C.A., sec. 41-2537.]
Idaho Code § 42-2702 — Idaho Code / Title 42 / Chapter 27 / Section 42-2702
42-2702 SALES UNDER GOVERNMENT IRRIGATION WORKS — LIMITATION OF TIME TO APPLY FOR WATER.
Status: in_force

42-2702. Sales under government irrigation works — Limitation of time to apply for water. In all contracts for the sale of lands, hereafter made, the irrigation of which depends upon the construction of irrigation works under the provisions of the Reclamation Act of June 17, 1902, it shall be provided that the purchaser shall apply for a water right from the government works, and subscribe such lands in the water users' association of the project in which they are located, within one (1) year after said contract of purchase is made, or in case there should be no association, at the time of the sale of the state lands, to which such subscription can be made, it shall be provided in said contract, that such application and subscription shall be made within one (1) year after such association is formed, and upon failure of the purchaser or purchasers to comply with the provisions of this section, the lands so purchased shall revert to the state together with the payment or payments made thereon, as fully and completely as if no sale had ever been made.

History:

[(42-2702) R.C., sec. 1583a, as added by 1909, p. 70; reen. C.L. 131:2; C.S., sec. 3070; I.C.A., sec. 41-2302.]
Idaho Code § 42-3211 — Idaho Code / Title 42 / Chapter 32 / Section 42-3211
42-3211 ELECTIONS — TERMS OF OFFICE.
Status: in_force

42-3211. Elections — Terms of office. (1) On the third Tuesday in May, in the first odd-numbered year after the organization of any district, and on the third Tuesday in May every second year thereafter an election shall be held, which shall be known as the biennial election of the district. Such election shall be held and conducted consistent with the provisions of chapter 14, title 34, Idaho Code.

(2) In districts created under section 42-3202B, Idaho Code, biennial elections shall be held on the third Tuesday in May.

(3) At the first biennial election in any district hereafter organized, and each sixth year thereafter, there shall be elected by the qualified electors of the district, one (1) member of the board to serve for a term of six (6) years; at the second biennial election and each sixth year thereafter, there shall be elected two (2) members of the board to serve for terms of six (6) years, and at the third biennial election, and each sixth year thereafter, there shall be elected two (2) members of the board to serve for terms of six (6) years.

In any election for director, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that the number of qualified candidates who have been nominated is equal to the number of directors to be elected, it shall not be necessary for the candidates to stand for election, and the board of directors shall declare such candidates elected as directors, and the secretary of the district shall immediately make and deliver to such persons certificates of election signed by him and bearing the seal of the district.

History:

[42-3211, added 1947, ch. 152, sec. 11, p. 364; am. 1957, ch. 29, sec. 3, p. 40; am. 1980, ch. 257, sec. 1, p. 670; am. 1995, ch. 118, sec. 66, p. 482; am. 2009, ch. 341, sec. 100, p. 1048; am. 2010, ch. 185, sec. 15, p. 391; am. 2011, ch. 11, sec. 24, p. 36.]
Idaho Code § 42-4207 — Idaho Code / Title 42 / Chapter 42 / Section 42-4207
42-4207 REGISTRATION REQUIRED.
Status: in_force

42-4207. Registration required. Pursuant to the provisions of section 34-1402, Idaho Code, registration shall be required of qualified electors, as defined in section 42-4206, Idaho Code, in any election held in the aquifer recharge district. In addition to the requirements for registration, the election official shall also verify that the elector is a water user, as defined in section 42-4202(1), Idaho Code, or a representative of such a water user, within the district.(")

History:

[42-4207, added 1978, ch. 293, sec. 1, p. 729; am. 1985, ch. 10, sec. 2, p. 15; am. 1995, ch. 118, sec. 77, p. 493.]
Idaho Code § 42-2914 — Idaho Code / Title 42 / Chapter 29 / Section 42-2914
42-2914 EXAMINATION OF LANDS — REPORT OF COMMISSIONERS — APPORTIONMENT AND REAPPORTIONMENT OF BENEFITS AND DAMAGES.
Status: in_force

42-2914. Examination of lands — Report of commissioners — Apportionment and reapportionment of benefits and damages. As soon as may be after their appointment, or within such time as the court may direct, the commissioners shall examine the lands described in the petition and proposed to be drained and protected, and the lands over and upon which the work is proposed to be constructed and shall determine and report:

1. Whether the starting point, route and terminus of the proposed work and the proposed location thereof, is or are in all respects proper and feasible, and if not, what is or are so.

2. The estimated cost of the proposed work, including all incidental expenses and the cost of proceedings therefor.

3. The probable cost of keeping the same in repair after the work is completed.

4. What lands will be injured thereby and the aggregate amount of such injuries; and they shall award to each tract or lot, by whomsoever held, the amount of damage so determined by them.

5. What lands will be benefited by the construction of the proposed work, whether the benefits will equal or exceed the aggregate cost of constructing such work, including all incidental expenses, costs of proceedings and damages; and they shall apportion and assess the estimated cost of the same on the lands so benefited by setting opposite the correct description of each tract, lot or easement, the portion of such cost assessed as benefits thereon. And if any particular part of the work so proposed to be done shall be assessed upon any particular tracts or lots of land or upon any municipality or corporation they shall so specify; and if any municipality or corporation should in their judgment bear a part of the expense or as such will derive a public or special benefit from the whole or any part of such proposed work, they shall so report and assess the amount of such benefits.

6. Whether the proposed district, as set out in the petition filed, will embrace all the lands that may be damaged or benefited by the proposed work, and if not, what additional lands will be benefited or damaged and the amount of the benefits or damages in the same manner as though such lands were included in such original petition.

7. If the commissioners determine the lands benefited or the amount of said benefits has either changed or is in error, the commissioners may petition the court to reapportion the benefits to part or all of the lands within the district. Upon receipt of a petition, the court shall make and enter an order fixing a time and place when and where all persons interested may appear and object to the reapportionment of benefits, and the clerk of the court shall cause publication of the order in three (3) consecutive weekly issues in a newspaper of general circulation within each county in which any of the lands for which reapportionment of benefits is sought are located. Any landowner affected by the reapportionment of benefits may object against the whole or any part of the reapportionment pursuant to the provisions of section 42-2920, Idaho Code. Upon a hearing pursuant to the provisions of section 42-2921, Idaho Code, the court shall issue an order setting forth the reapportionment of benefits, if any.

History:

[(42-2914) 1913, ch. 16, sec. 9, p. 58; reen. C.L. 168:12; C.S., sec. 4504; I.C.A., sec. 41-2514; am. 2012, ch. 106, sec. 1, p. 282.]
Idaho Code § 42-506 — Idaho Code / Title 42 / Chapter 5 / Section 42-506
42-506 SEVERABILITY.
Status: in_force

42-506. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

History:

[(42-506) 42-505, added 2017, ch. 178, sec. 2, p. 409; am. and redesig. 2018, ch. 320, sec. 5, p. 749.]
Idaho Code § 42-5257 — Idaho Code / Title 42 / Chapter 52 / Section 42-5257
42-5257 EXCLUSION — EFFECT — OBLIGATIONS OUTSTANDING — ENFORCEMENT — PAYMENT — CERTIFICATE.
Status: in_force

42-5257. Exclusion — Effect — Obligations outstanding — Enforcement — Payment — Certificate. (1) Except as otherwise provided in this chapter, land and/or facilities excluded from any ground water district shall not thereafter be entitled to any of the rights and benefits of the district and shall be deemed to have fully relinquished all such rights and benefits.

(2) Land and/or facilities fully excluded from a district and those excluded only from nonmitigation purposes shall be subject to assessment and be otherwise chargeable for the payment and discharge of all obligations outstanding at the time of the entry of the exclusion order as fully as though the land had not been excluded. Such obligations shall include, but are not limited to, their proportionate share of any of the district's existing indebtedness that was incurred for a project or activity that: (a) provided a benefit to such lands prior to the exclusion and for which benefit the excluded lands remain indebted; or (b) continues to benefit such lands even after the exclusion. Where either of these circumstances exists, excluded lands shall remain a part of the district for the purpose of discharging such existing contract indebtedness, and otherwise shall be obligated to pay all regular and special assessments to retire such debt as if they had not been excluded. The district's board of directors may allow any debt or obligation against any excluded land and/or facility to be paid in installments or in any other manner the board deems equitable.

(3) All provisions which could be used to compel the payment by excluded land of its portion of the outstanding obligations had the exclusion not occurred, may be used to compel the payment on the part of the land of the portion of the outstanding obligations of the district for which it is liable.

(4) When any member obtaining the exclusion of land from a ground water district has paid to the district all of the debts and obligations of the district assessable, chargeable or allocable to the land and/or facility excluded, the district may issue its certificate of full payment executed by the president and secretary of the district, and acknowledged so that the certificate may be recorded in the records of the county wherein the land is situate.

History:

[42-5257, added 1995, ch. 290, sec. 1, p. 1006.]
Idaho Code § 42-5236 — Idaho Code / Title 42 / Chapter 52 / Section 42-5236
42-5236 JUDICIAL PROCEEDINGS TO TEST VALIDITY.
Status: in_force

42-5236. Judicial proceedings to test validity. If any official required to participate in any act leading to the calling or holding of the required election or the execution of any required contract shall refuse to perform such act alleging as his reason illegality of the proposed election or the proposed contract, the board may institute judicial proceedings to compel such steps to be taken and legality of the election or the contract to be determined. All cases in which there may arise a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. The courts shall be open at all times for the purposes of this act.

History:

[42-5236, added 1995, ch. 290, sec. 1, p. 1001.]
Idaho Code § 42-2972 — Idaho Code / Title 42 / Chapter 29 / Section 42-2972
42-2972 RELEASE OF LANDS FROM FURTHER LIABILITY UPON FULL PAYMENT.
Status: in_force

42-2972. Release of lands from further liability upon full payment. Upon payment in full being made to the county treasurer of the lien against any such tract, lot or parcel of land, either in lawful money of the United States and/or drainage district bonds, matured interest coupons or warrants, as provided in section 42-2971, the county treasurer shall issue and deliver to such person or corporation making said payment a receipt for the amount of such payment, stating therein the total amount paid, the amount paid in cash, in bonds, in warrants and matured interest coupons of said district; and shall thereupon issue and deliver to such person or corporation a release and discharge releasing such tract, lot or parcel of land from all other or further liability for the payment of any of the then existing bonded indebtedness of the district, or any bonds thereafter issued to refund the same, or of any warrants theretofore, or that may thereafter be, issued for the payment of interest on any such bonds or refunding bonds, and releasing and discharging such tract, lot or parcel of land from the payment of any other or further liens created by reason of the assessment for benefits against said tract, lot or parcel of land as shown in the assessment roll of said district confirmed by the court; and such tract, lot or parcel of land shall not thereafter be assessed by such drainage district by reason of benefits theretofore assessed and confirmed by the court, except for the purpose of operation and maintenance thereof; provided, that all assessments for operation and maintenance theretofore levied or thereafter to be levied shall be payable only in lawful money of the United States or in warrants of the district issued against the operation and maintenance fund within the calendar year in which such warrants are tendered in payment, in which event such warrants shall be accepted by the county treasurer at par or face value thereof in payment of operation and maintenance charges.

History:

[42-2972, added 1935, ch. 56, sec. 2, p. 105.]
Idaho Code § 42-5246 — Idaho Code / Title 42 / Chapter 52 / Section 42-5246
42-5246 NOTICE OF PETITION.
Status: in_force

42-5246. Notice of petition. The board secretary shall cause a notice of the filing of such petition to be published in the manner of notices of elections. The notice shall state the filing of such petition, and the name of the petitioner, a description of the lands mentioned in the said petition, and it shall notify all persons interested in or that may be affected by such change of boundaries of the district, to appear at the office of said board, at a time named in said notice, and show cause in writing, if any they have, why the lands mentioned should not be annexed to said district. The petitioner shall advance to the secretary sufficient money to pay the estimated costs of all proceedings under this chapter.

History:

[42-5246, added 1995, ch. 290, sec. 1, p. 1003.]
Idaho Code § 42-2213 — Idaho Code / Title 42 / Chapter 22 / Section 42-2213
42-2213 ACCUMULATED SURPLUS FUNDS — INVESTMENT.
Status: in_force

42-2213. Accumulated surplus funds — 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 have accumulated, out of assessment funds or otherwise, reasonable reserves for emergency, contingent or non-recurring expenses and charges, the funds held in such reserves may 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:

[42-2213, added 1965, ch. 186, sec. 2, p. 393.]
Idaho Code § 42-5121 — Idaho Code / Title 42 / Chapter 51 / Section 42-5121
42-5121 LIEN OF ASSESSMENT.
Status: in_force

42-5121. Lien of assessment. From and after January 1 of any year, all assessments, other than those levied against municipalities, shall be liens against the property of water users to which the water rights used to determine assessments are appurtenant. Such liens shall not be removed until the assessments are paid or the property is sold for the payment thereof.

History:

[42-5121, added 1987, ch. 349, sec. 1, p. 775.]
Idaho Code § 42-2938 — Idaho Code / Title 42 / Chapter 29 / Section 42-2938
42-2938 CONSTRUCTION AND MAINTENANCE OF DRAINAGE WORKS — EXECUTIVE POWERS OF COMMISSIONERS.
Status: in_force

42-2938. Construction and maintenance of drainage works — Executive powers of commissioners. Said board of drainage commissioners hereinbefore provided for shall have the exclusive charge of the construction and maintenance of all drainage systems which heretofore have been or may be hereafter organized under the provisions of this chapter, and shall be the executive officers thereof, with full power to bind such district by their acts in the performance of their duties as provided by law.

History:

[(42-2938) 1913, ch. 16, part of sec. 8, p. 58; reen. C.L. 168:35; C.S., sec. 4529; I.C.A., sec. 41-2538.]