reglab/housing_qa huggingface dataset:
ID Code § 42-101 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-101 - NATURE OF PROPERTY IN WATER.

42-101. NATURE OF PROPERTY IN WATER. Water being essential to the industrial prosperity of the state, and all agricultural development throughout the greater portion of the state depending upon its just apportionment to, and economical use by, those making a beneficial application of the same, its control shall be in the state, which, in providing for its use, shall equally guard all the various interests involved. All the waters of the state, when flowing in their natural channels, including the waters of all natural springs and lakes within the boundaries of the state are declared to be the property of the state, whose duty it shall be to supervise their appropriation and allotment to those diverting the same therefrom for any beneficial purpose, and the right to the use of any of the waters of the state for useful or beneficial purposes is recognized and confirmed; and the right to the use of any of the public waters which have heretofore been or may hereafter be allotted or beneficially applied, shall not be considered as being a property right in itself, but such right shall become the complement of, or one of the appurtenances of, the land or other thing to which, through necessity, said water is being applied; and the right to continue the use of any such water shall never be denied or prevented from any other cause than the failure on the part of the user thereof to pay the ordinary charges or assessments which may be made to cover the expenses for the delivery of such water.  History: [(42-101) 1900, p. 191, sec. 9b; reen. R.C. & C.L., sec. 3240; C.S., sec. 5556; I.C.A., sec. 41-101.]
ID Code § 42-102 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-102 - MEASUREMENT OF WATER.

42-102. MEASUREMENT OF WATER. A cubic foot of water per second of time shall be the legal standard for the measurement of water in this state, and it shall be the duty of the department of water resources to devise a simple, uniform system for the measurement and distribution of water.  History: [(42-102) 1899, p. 380, secs. 1, 21; reen. R.C. & C.L., sec. 3241; C.S., sec. 5557; I.C.A., sec. 41-102.]
ID Code § 42-103 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-103 - RIGHT ACQUIRED BY APPROPRIATION.

42-103. RIGHT ACQUIRED BY APPROPRIATION. The right to the use of the unappropriated waters of rivers, streams, lakes, springs, and of subterranean waters or other sources within this state shall hereafter be acquired only by appropriation under the application, permit and license procedure as provided for in this title, unless hereinafter in this title excepted.  History: [(42-103) R.S., sec. 3155; 1899, p. 380, sec. 2; reen. R.C. & C.L., sec. 3242; C.S., sec. 5558; I.C.A., sec. 41-103; am. 1971, ch. 177, sec. 1, p. 843.]
ID Code § 42-104 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-104 - APPROPRIATION MUST BE FOR BENEFICIAL PURPOSE.

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.]
ID Code § 42-105 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-105 - USE OF NATURAL WATERWAYS — MEASUREMENT OF COMMINGLED WATER — APPROVAL OF RIGHT TO EXCHANGE WATER.

42-105. USE OF NATURAL WATERWAYS — MEASUREMENT OF COMMINGLED WATER — APPROVAL OF RIGHT TO EXCHANGE WATER. (1) The water that a person is entitled to divert by reason of a valid water right may be turned into the channel of a natural waterway and mingled with its water, and then reclaimed, but in reclaiming the water so mingled, the amount of water to which prior appropriators may be entitled shall not be diminished, and due allowance shall be made for loss by evaporation and seepage. The use of natural waterways to commingle and reclaim water shall be subject at all times to the supervision and control of the director of the department of water resources and shall be subject to the regulation of the watermaster within an established water district. The amounts of water turned into or diverted from all natural waterways are subject to the requirement of measurement and reporting. (2) The water that a person is entitled to divert by reason of a valid water right, or water that a person is seeking to appropriate, may be exchanged for water under another water right, or for other water from the same or another source, as hereinafter provided: (a) If the applicant intends to exchange water the applicant is entitled to divert under an existing valid water right for any other water, approval of the exchange shall be obtained by filing an application under the provisions of section 42-240, Idaho Code; (b) If the applicant proposes to exchange water that the applicant is seeking to appropriate, approval of the exchange shall be obtained by filing an application to appropriate water under section 42-202, Idaho Code. The proposed exchange shall be described in the application and the application shall be processed in accordance with the provisions of section 42-203A, Idaho Code. If the application seeks to exchange the water to be appropriated with water available under another water right, the application shall be accompanied by an agreement to exchange signed by the owner of the existing water right. An exchange with water under an existing water right cannot result in an enlargement in use of the existing right. (3) An exchange of water hereafter made without the approval of the department of water resources as provided in this section shall be invalid. Nothing in this section shall affect the right a person may have or may obtain to turn water into a ditch or other artificial conveyance and reclaim the water.  History: [(42-105) R.S., sec. 3158; reen. R.C., sec. 3244; am. 1911, ch. 149, sec. 1, p. 454; C.L., sec. 3244; C.S., sec. 5560; I.C.A., sec. 41-105; am. 1969, ch. 300, sec. 1, p. 900; am. 1998, ch. 424, sec. 1, p. 1339.]
ID Code § 42-106 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-106 - PRIORITY.

42-106. PRIORITY. As between appropriators, the first in time is first in right.  History: [(42-106) R.S., sec. 3159; 1899, p. 380, sec. 4; reen. R.C. & C.L., sec. 3245; C.S., sec. 5561; I.C.A., sec. 41-106.]
ID Code § 42-107 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-107 - PRIORITY — WASTE, SEEPAGE, AND SPRING WATERS.

42-107. PRIORITY — WASTE, SEEPAGE, AND SPRING WATERS. All ditches now constructed or which may hereafter be constructed for the purpose of utilizing seepage, waste or spring water of the state, shall be governed by the same laws relating to priority of right as those ditches, canals and conduits constructed for the purpose of utilizing the waters of running streams.  History: [(42-107) 1899, p. 380, sec. 23; reen. R.C. & C.L., sec. 3246; C.S., sec. 5562; I.C.A., sec. 41-107.]
ID Code § 42-108 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-108 - CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR NATURE OF USE — APPLICATION OF ACT.

42-108. CHANGE IN POINT OF DIVERSION, PLACE OF USE, PERIOD OF USE, OR NATURE OF USE — APPLICATION OF ACT. The person entitled to the use of water or owning any land to which water has been made appurtenant either by a decree of the court or under the provisions of the constitution and statutes of this state, may change the point of diversion, period of use, or nature of use, and/or may voluntarily abandon the use of such water in whole or in part on the land which is receiving the benefit of the same and transfer the same to other lands, if the water rights of others are not injured by such change in point of diversion, place of use, period of use, or nature of use, provided; if the right to the use of such water, or the use of the diversion works or irrigation system is represented by shares of stock in a corporation or if such works or system is owned and/or managed by an irrigation district, no change in the point of diversion, place of use, period of use, or nature of use of such water shall be made or allowed without the consent of such corporation or irrigation district. Any permanent or temporary change in period or nature of use in or out-of-state for a quantity greater than fifty (50) cfs or for a storage volume greater than five thousand (5,000) acre-feet shall require the approval of the legislature, except that any temporary change within the state of Idaho for a period of less than three (3) years may be approved by the director without legislative approval. Any person desiring to make such change of point of diversion, place of use, period of use, or nature of use of water shall make application for change with the department of water resources under the provisions of section 42-222, Idaho Code. After the effective date of this act, no person shall be authorized to change the period of use or nature of use, point of diversion or place of use of water unless he has first applied for and received approval of the department of water resources under the provisions of section 42-222, Idaho Code.  History: [(42-108) R.S., sec. 3157; 1899, p. 380, sec. 11; reen. R.C. & C.L., sec. 3247; C.S., sec. 5563; I.C.A., sec. 41-108; am. 1943, ch. 53, sec. 1, p. 101; am. 1947, ch. 80, sec. 1, p. 130; am. 1969, ch. 303, sec. 1, p. 905; am. 1981, ch. 147, sec. 1, p. 253; am. 1986, ch. 313, sec. 1, p. 764.]
ID Code § 42-108A (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-108A - LEASING OF WATER FOR HYDROELECTRIC GENERATION — EXCEPTION TO REQUIREMENT OF APPLICATION TO CHANGE NATURE OF USE.

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.]
ID Code § 42-109 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-109 - CHANGE IN COURSE OF DITCH — WHEN PROHIBITED.

42-109. CHANGE IN COURSE OF DITCH — WHEN PROHIBITED. Whenever any ditch or canal has been constructed for the purpose of conveying water and selling the same for irrigating purposes, it is unlawful for the owner or owners of said ditch or canal to change the line of said ditch or canal so as to prevent or interfere with the use of water from said ditch or canal, by any one who, prior to the proposed change, had used water for irrigating purposes from said ditch or canal.  History: [(42-109) R.S., part of sec. 3189; reen. R.C. & C.L., sec. 3248; C.S., sec. 5564; I.C.A., sec. 41-109.]
ID Code § 42-110 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-110 - RIGHT TO DIVERT WATER.

42-110. RIGHT TO DIVERT WATER. The proprietors of any ditch, canal or conduit, or other works for the diversion and carriage of water, whose right relative to the quantity of water they shall be entitled to divert by means of such works shall have been established by any valid claim, permit, license or decree of court, shall be entitled to such quantity measured at the point of diversion, subject, however, to all prior rights. Water diverted from its source pursuant to a water right is the property of the appropriator while it is lawfully diverted, captured, conveyed, used, or otherwise physically controlled by the appropriator.  History: [(42-110) 1899, p. 380, sec. 32; reen. R.C. & C.L., sec. 3249; C.S., sec. 5565; I.C.A., sec. 41-110; am. 2004, ch. 191, sec. 1, p. 601.]
ID Code § 42-111 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-111 - DOMESTIC PURPOSES DEFINED.

42-111. DOMESTIC PURPOSES DEFINED. (1) For purposes of sections 42-221, 42-227, 42-230, 42-235, 42-237a, 42-242, 42-243 and 42-1401A, Idaho Code, the phrase "domestic purposes" or "domestic uses" means: (a) The use of water for homes, organization camps, public campgrounds, livestock and for any other purpose in connection therewith, including irrigation of up to one-half (1/2) acre of land, if the total use is not in excess of thirteen thousand (13,000) gallons per day, or (b) Any other uses, if the total use does not exceed a diversion rate of four one-hundredths (0.04) cubic feet per second and a diversion volume of twenty-five hundred (2,500) gallons per day. (2) For purposes of the sections listed in subsection (1) of this section, domestic purposes or domestic uses shall not include water for multiple ownership subdivisions, mobile home parks, or commercial or business establishments, unless the use meets the diversion rate and volume limitations set forth in subsection (1)(b) of this section. (3) Multiple water rights for domestic uses or domestic purposes, as defined in this section, shall not be established or exercised in a manner to satisfy a single combined water use or purpose that would not itself come within the definition of a domestic use or purpose under this section. The purpose of this limitation is to prohibit the diversion and use of water, under a combination of domestic purposes or domestic uses as defined in this section, to provide a supply of water for a use that does not meet the exemption of section 42-227, Idaho Code, and is required to comply with the mandatory application and permit process for developing a right to the use of water pursuant to chapter 2, title 42, Idaho Code.  History: [(42-111) 1899, p. 380, part of sec. 12; reen. R.C. & C.L., sec. 3250; C.S., sec. 5566; I.C.A., sec. 41-111; am. 1990, ch. 319, sec. 1, p. 870; am. 1995, ch. 233, sec. 1, p. 790.]
ID Code § 42-112 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-112 - COMPLETION DEFINED.

42-112. COMPLETION DEFINED. By completion is meant conducting the waters to the place of intended use.  History: [(42-112) R.S., sec. 3162; 1899, p. 380, sec. 7; reen. R.C. & C.L., sec. 3251; C.S., sec. 5567; I.C.A., sec. 41-112.]
ID Code § 42-114 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-114 - STOCK WATERING PERMIT.

42-114. STOCK WATERING PERMIT. Any permit issued for the watering of domestic livestock shall be issued to the person or association of persons making application therefor and the watering of domestic livestock by the person or association of persons to whom the permit was issued shall be deemed a beneficial use of the water. As used in this section, the "watering of domestic livestock" means the drinking of water by domestic livestock from a natural stream, ground water source or other source.  History: [42-114, added 1986, ch. 199, sec. 1, p. 498.]
ID Code § 42-115 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS|Section 42-115 - STORAGE.

42-115. STORAGE. To ensure that new or proposed projects to store more than one thousand (1,000) acre feet of surface water do not interfere with the storage of water in existing on-stream storage reservoirs operated for storage and flood control purposes, the director of the department of water resources shall subordinate permits and licenses for projects to store more than one thousand (1,000) acre feet of surface water issued after the effective date of this section to the capture and retention of water in existing on-stream storage reservoirs during and following flood control operations until the date of allocation.  History: [42-115, added 2019, ch. 16, sec. 1, p. 18.]
ID Code § 42-203C (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY|Section 42-203C - HYDROPOWER WATER RIGHT — CRITERIA FOR REALLOCATION — WEIGHT — BURDEN OF PROOF.

42-203C. HYDROPOWER WATER RIGHT — CRITERIA FOR REALLOCATION — WEIGHT — BURDEN OF PROOF. (1) If an applicant intends to appropriate water which is held in trust by the state of Idaho pursuant to subsection (5) of section 42-203B, Idaho Code, the director shall consider, prior to approving the application, the criteria established in section 42-203A, Idaho Code, and whether the proposed use, individually or cumulatively with other existing uses, or uses reasonably likely to exist within twelve (12) months of the proposed use, would significantly reduce the amount of trust water available to the holder of the water right used for power production that is defined by agreement pursuant to subsection (5) of section 42-203B, Idaho Code, and, if so, whether the proposed reduction is in the public interest. (2) (a) The director in making such public interest determinations for purposes of this section shall consider: (i) The potential benefits, both direct and indirect, that the proposed use would provide to the state and local economy; (ii) The economic impact the proposed use would have upon electric utility rates in the state of Idaho, and the availability, foreseeability and cost of alternative energy sources to ameliorate such impact; (iii) The promotion of the family farming tradition; (iv) The promotion of full economic and multiple use development of the water resources of the state of Idaho; (v) In the Snake River Basin above the Murphy gauge whether the proposed development conforms to a staged development policy of up to twenty thousand (20,000) acres per year or eighty thousand (80,000) acres in any four (4) year period.  No single factor enumerated above shall be entitled to greater weight by the director in arriving at this determination. (b) The burden of proof under the provisions of this section shall be on the protestant.  History: [42-203C, added 1985, ch. 17, sec. 3, p. 26; am. 1986, ch. 117, sec. 2, p. 311.]
ID Code § 42-203D (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY|Section 42-203D - REVIEW OF PERMITS — OPPORTUNITY FOR HEARING.

42-203D. REVIEW OF PERMITS — OPPORTUNITY FOR HEARING. (1) The director of the department of water resources shall review all permits issued prior to July 1, 1985, which propose to divert water held in trust by the state of Idaho pursuant to subsection (5) of section 42-203B, Idaho Code, except to the extent a permit has been put to beneficial use prior to July 1, 1985, to determine whether they comply with the provisions of section 42-203C, Idaho Code. If the department finds that the proposed use is allowed under section 42-203C, Idaho Code, then the department shall enter an order continuing the permit. If the department finds that the proposed use is not allowed under section 42-203C, Idaho Code, then the department shall either cancel the permit or impose the conditions required to bring the permit into compliance with section 42-203C, Idaho Code. (2) The department shall provide an opportunity for hearing in accordance with section 42-1701A, Idaho Code, and chapter 52, title 67, Idaho Code, for each holder of a permit that is proposed either to be cancelled or made subject to new conditions.  History: [42-203D, added 1985, ch. 17, sec. 4, p. 27; am. 1986, ch. 117, sec. 3, p. 311; am. 1993, ch. 216, sec. 32, p. 612.]
ID Code § 42-205 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY|Section 42-205 - ISSUANCE OF PERMIT — RESTRICTIONS — PREFERENCE.

42-205. ISSUANCE OF PERMIT — RESTRICTIONS — PREFERENCE. (1) No permit shall be issued by the department of water resources of the state of Idaho, for the appropriation of water for power purposes, nor shall any such permit be assigned, transferred, mortgaged, sold or conveyed to any person, firm or corporation except in accordance with the provisions of this act. (2) Water cannot be appropriated for hydropower development uses within or using existing man-made irrigation facilities without the permission of the owner thereof. (3) When competing applications for a permit have been filed prior to the effective date of this act for the additional use for hydropower purposes that would utilize facilities that are owned or controlled by the holder of an existing water permit, license, decree, or established constitutional water usage, the director shall give preference to the application of the owner of the existing rights or his agent.  History: [42-205, added 1937, ch. 142, sec. 1, p. 233; am. 1947, ch. 66, sec. 1, p. 106; am. 1981, ch. 206, sec. 1, p. 372.]
ID Code § 42-206 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY|Section 42-206 - RESIDENCE A REQUISITE FOR ISSUANCE.

42-206. RESIDENCE A REQUISITE FOR ISSUANCE. No permit to appropriate water for power purposes in the state of Idaho shall hereafter be granted to any person or association of persons not an actual bona fide resident or residents of the state of Idaho, nor to any corporation or partnership unless organized or qualified to do business in and under the laws of the state of Idaho.  History: [42-206, added 1937, ch. 142, sec. 2, p. 233; am. 1947, ch. 66, sec. 2, p. 106; am. 1986, ch. 217, sec. 1, p. 554.]