reglab/housing_qa huggingface dataset:
ID Code § 42-250 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 2 - APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY|Section 42-250 - WATER CONSERVATION.

42-250. WATER CONSERVATION. (1) The legislature finds that voluntary water conservation practices and projects can advance the policy of the state of Idaho to promote and encourage the conservation, development, augmentation and utilization of the water resources of this state. The legislature deems it appropriate, therefore, to encourage and support voluntary water conservation practices and projects. (2) For purposes of this section, "water conservation practice" means any practice, improvement, project or management program, that results in the diversion of less than the authorized quantity of water while maintaining the full beneficial use(s) authorized by the water right. Water conservation practices include, but are not limited to, practices that result in reductions in consumptive use as defined in section 42-202B, Idaho Code, reductions in conveyance losses, and reductions in surface and seepage losses occurring at the place of use. (3) For the purposes of this section, "conserved water" means the quantity of water that is no longer diverted as a result of a water conservation practice. Conserved water shall not include quantities of water not diverted due to decreases in beneficial use.  History: [42-250, added 2003, ch. 166, sec. 2, p. 471.]
ID Code § 42-301 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 3 - APPROPRIATION OF WATER — CANCELATION OF PERMITS|Section 42-301 - PERMITS CONTESTABLE — WHEN AND BY WHOM.

42-301. PERMITS CONTESTABLE — WHEN AND BY WHOM. If the holder of a permit to appropriate the public waters shall fail to comply with the requirements of his permit as to the commencing of work or the filing of bond thereunder, or the completion of one-fifth (1/5) of the construction work within one-half (1/2) the time allowed for the entire completion of such construction work, or shall fail to complete the entire construction work within the time specified in his permit, said permit may be cancelled and voided by the department of water resources as hereinafter provided at the instance of any person or persons holding any permit for the diversion of water from the same stream, such permit postdating the permit which is sought to be cancelled.  History: [(42-301) 1909, p. 299, sec. 1; reen. C.L., sec. 3265a; C.S., sec. 5584; I.C.A., sec. 41-301.]
ID Code § 42-302 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 3 - APPROPRIATION OF WATER — CANCELATION OF PERMITS|Section 42-302 - PETITION FOR CANCELLATION.

42-302. PETITION FOR CANCELLATION. Any person as above specified desiring the cancellation of a permit shall file with the department of water resources a petition clearly setting forth the facts upon which he bases his prayer for cancellation, plainly stating wherein the holder of the permit, which is sought to be cancelled, has failed to comply with the law and with the requirements of his permit.  History: [(42-302) 1909, p. 299, part of sec. 2; reen. C.L., sec. 3265b; C.S., sec. 5585; I.C.A., sec. 41-302.]
ID Code § 42-303 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 3 - APPROPRIATION OF WATER — CANCELATION OF PERMITS|Section 42-303 - NOTICE OF CONTEST.

42-303. NOTICE OF CONTEST. Upon receipt of such petition, the department of water resources shall issue a notice, naming the petitioner as contestant and all persons, shown by the records of the department of water resources to have any claim of title or interest in the permit sought to be cancelled as contestees, and requiring all contestees to appear at the office of the department on a day to be specified therein, which day shall be not less than sixty (60) nor more than ninety (90) days from the date of the notice, and show cause, by affidavit, if any there be, why said permit should not be cancelled. Such notice shall be sent by registered mail, addressed to every person named therein at his last known post-office address.  History: [(42-303) 1909, p. 299, part of sec. 2; reen. C.L., sec. 3265c; C.S., sec. 5586; I.C.A., sec. 41-303.]
ID Code § 42-304 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 3 - APPROPRIATION OF WATER — CANCELATION OF PERMITS|Section 42-304 - HEARING.

42-304. HEARING. On the day set for the hearing the contestant and such contestees as have filed the affidavit hereinbefore required of them, shall file such affidavits in support of their respective allegations as they may desire, and the department of water resources may require such additional evidence and may make or cause to be made by an engineer whom the department may designate, such personal examination of the work done under the permit in question, as the department may deem necessary to enable it to render a fair decision: provided, that before making or causing such examination to be made the department shall estimate the cost of such examination and shall require the contestant to deposit a sum equal to such estimate and if after the making of such examination it is found that the amount so deposited is in excess of the cost of such examination the department shall return such excess to the contestant. For the purpose of producing additional testimony in making investigations, the department may continue the hearing to such time, not exceeding thirty (30) days, as would seem to it advisable. The hearing shall be conducted in accordance with section 42-1701A(1) and (2), Idaho Code, and the contestant or contestee may seek judicial review pursuant to section 42-1701A(4), Idaho Code, of the final order of the director.  History: [(42-304) 1909, p. 299, part of sec. 2; reen. C.L., sec. 3265d; C.S., sec. 5587; I.C.A., sec. 41-304; am. 1980, ch. 238, sec. 11, p. 542.]
ID Code § 42-310 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 3 - APPROPRIATION OF WATER — CANCELATION OF PERMITS|Section 42-310 - RECORD OF CANCELLATION.

42-310. RECORD OF CANCELLATION. In case the decision of the department of water resources shall be adverse to the contestee and in case no appeal has been taken and no action commenced in the district court within ninety (90) days from said notice of decision, as hereinbefore provided for, said department shall cause to be spread upon the record copy of the permit in question an order of cancellation, which order shall be final and shall determine said permit to be cancelled and voided, by reason of the facts established on the hearing of the contest.  History: [(42-310) 1909, p. 299, sec. 6; compiled and reen. C.L., sec. 3265j; C.S., sec. 5593; I.C.A., sec. 41-310.]
ID Code § 42-311 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 3 - APPROPRIATION OF WATER — CANCELATION OF PERMITS|Section 42-311 - CANCELLATION OF PERMIT — GROUNDS — HEARING — PERMITTEE DEFINED.

42-311. CANCELLATION OF PERMIT — GROUNDS — HEARING — PERMITTEE DEFINED. (1) If the director of the department of water resources finds, on the basis of available information at any time after a permit is issued but prior to license, that the permittee has refused or failed to comply with any of the conditions in the permit, or has refused or failed to comply with the provisions of the law governing the permit, then the director of the department of water resources may issue (a) an order to show cause before the director of the department or the director’s designee on or before a date therein set, which shall be not less than thirty (30) days from the date of service, why the director of the department should not cancel said permit; or (b) an order directing the permittee to cease and desist the activity or activities alleged to be in violation of the conditions of the permit or in violation of provisions of the law governing the permit. A cease and desist order may direct compliance with the permit forthwith or may provide for a time schedule to bring the permittee into compliance with the conditions of the permit. (2) Any order to show cause or order to cease and desist shall contain a statement of findings of fact and of conclusions of law that provide a factual and legal basis for the order of the director of the department of water resources. (3) The director of the department of water resources shall serve a copy of any such order on the permittee by personal service or by certified mail. If reasonable efforts to personally serve the order fail, or if the certified mail is returned unclaimed, the department may serve the order by publication by publishing a summary of the order once a week for two (2) consecutive weeks in a newspaper of general circulation in the county in which the point of diversion is located. Service by certified mail shall be complete upon receipt of the certified mail. Personal service may be completed by department personnel or a person authorized to serve process under the Idaho rules of civil procedure. Service by publication shall be complete upon the date of the last publication. (4) The permittee shall have a right to an administrative hearing before the department if requested in writing within twenty-one (21) days from the date of service of the order, and to judicial review, all as provided in section 42-1701A, Idaho Code. (5) The term "permittee," as used in this chapter, includes the heirs, successors, or assigns of the person to whom the department issued a water right permit.  History: [42-311, added 1986, ch. 313, sec. 7, p. 772; am. 1988, ch. 83, sec. 1, p. 143.]
ID Code § 42-351 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 3 - APPROPRIATION OF WATER — CANCELATION OF PERMITS|Section 42-351 - ILLEGAL DIVERSION OR USE OF WATER — ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF.

42-351. ILLEGAL DIVERSION OR USE OF WATER — ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF. (1) It is unlawful for any person to divert or use water from a natural watercourse or from a ground water source without having obtained a valid water right to do so, or to divert or use water not in conformance with a valid water right. (2) It is unlawful for any person to divert or use water in substantial violation of any provision of this title, or any rule, permit, condition of approval or order issued or promulgated pursuant to this title that is related to the diversion or use of water. (3) Upon investigation of available information, the director of the department of water resources shall have the discretion to issue a written notice of violation to the person in accordance with the provisions of section 42-1701B, Idaho Code, for the illegal diversion or use of water. (4) Notwithstanding the issuance of a notice of violation, the director may also file an action seeking injunctive relief directing the person to cease and desist the activity or activities alleged to be in violation of applicable law or any existing water right.  History: [42-351, added 1986, ch. 313, sec. 8, p. 774; am. 1988, ch. 83, sec. 3, p. 145; am. 1994, ch. 450, sec. 5, p. 1438; am. 1998, ch. 173, sec. 4, p. 602; am. 2003, ch. 165, sec. 1, p. 467.]
ID Code § 42-401 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 4 - APPROPRIATIONS FOR USE OUTSIDE STATE|Section 42-401 - APPLICATIONS FOR USE OF PUBLIC WATERS OUTSIDE THE STATE.

42-401. APPLICATIONS FOR USE OF PUBLIC WATERS OUTSIDE THE STATE. (1) The state of Idaho is dedicated to the conservation of its public waters and the necessity to maintain adequate water supplies for the state’s water requirements. The state of Idaho also recognizes that under appropriate conditions the out-of-state use of its public waters is not in conflict with the public welfare of its citizens or the conservation of its waters. (2) Any person, firm or corporation or any other entity intending to withdraw water from any surface or underground water source in the state of Idaho for use outside the state or to change the place or purpose of use of a water right from a place in Idaho to a place outside the state shall file with the department of water resources an application for a permit to do so, subject to the requirements of chapter 2, title 42, Idaho Code. (3) In order to approve an application under this chapter, the director must find that the applicant’s use of water outside the state is consistent with the provisions of section 42-203A(5), Idaho Code. In addition, the director shall consider the following factors: (a) The supply of water available to the state of Idaho; (b) The current and reasonably anticipated water demands of the state of Idaho; (c) Whether there are current or reasonably anticipated water shortages within the state of Idaho; (d) Whether the water that is the subject of the application could feasibly be used to alleviate current or reasonably anticipated water shortages within the state of Idaho; (e) The supply and sources of water available to the applicant in the state where the applicant intends to use the water; and (f) The demands placed on the applicant’s supply in the state where the applicant intends to use the water. (5) By filing an application to use waters outside the state, the applicant shall submit to and comply with the laws of the state of Idaho governing the appropriation and use of water and any future changes to the water right. (6) The director is empowered to condition the permit to insure that the use of water in another state is subject to the same regulations and restrictions that may be imposed upon water use in the state of Idaho. (7) Upon submittal of the application, the applicant shall designate an agent in the state of Idaho for reception of service of process and other legal notices. (8) The director may, as a condition to the approval of an application under this chapter, require that the applicant shall file a certificate from the proper officer or official of the state where the water shall be used, showing to the satisfaction of the director that the intended use would be beneficial, and that the intended appropriation is feasible.  History: [42-401, added 1990, ch. 141, sec. 3, p. 316; am. 2014, ch. 245, sec. 1, p. 614.]
ID Code § 42-402 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 4 - APPROPRIATIONS FOR USE OUTSIDE STATE|Section 42-402 - APPLICATION AND PERMIT.

42-402. APPLICATION AND PERMIT. The application for permit and the permit issued thereon as provided in section 42-401, shall be in accordance with the laws of the state of Idaho, relative to the filing of application for permit and the obtaining of permit to appropriate the public waters of the state of Idaho.  History: [(42-402) 1915, ch. 111, sec. 2, p. 254; reen. C.L., sec. 3265o; C.S., sec. 5596; I.C.A., sec. 41-402.]
ID Code § 42-403 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 4 - APPROPRIATIONS FOR USE OUTSIDE STATE|Section 42-403 - PROOF OF COMPLETION OF WORKS.

42-403. PROOF OF COMPLETION OF WORKS. Proof of completion of works under such permit shall be made in accordance with the laws of the state of Idaho relative to proof of completion under a permit to appropriate the public waters of the state of Idaho, as to all works of diversion under such permit: provided, that the department of water resources may as a condition to the issuance of a certificate of completion under such proof require from the officer or official mentioned in section 42-401 a certificate to the effect that the proper public records of such sister state show the works to have been completed under said permit, said certificate to show in second feet the capacities of the various conduits constructed and to show in acre feet the capacities of reservoir, if any there be, constructed in such sister state under said permit.  History: [(42-403) 1915, ch. 111, sec. 3, p. 254; reen. C.L., sec. 3265p; C.S., sec. 5597; I.C.A., sec. 41-403; am. 1951, ch. 80, sec. 2, p. 149.]
ID Code § 42-404 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 4 - APPROPRIATIONS FOR USE OUTSIDE STATE|Section 42-404 - LICENSE.

42-404. LICENSE. The department of water resources shall issue a license in accordance with the laws of the state of Idaho relative to the issuance of license under a permit, upon receipt of such proof as will satisfy the department as to application of the waters to beneficial use, and may as a condition of granting any such license require a certificate from the officer or official mentioned in section 42-401, to the effect that the proper public records of such sister state show that beneficial use has been made of the waters sought to be appropriated under said permit, said certificate to show the extent of such use in second feet. If such use is for irrigation, such certificate shall give a description by legal subdivisions of the land which is irrigated by such water. If such use is for power purposes such certificate shall describe the location of the point of use.  History: [(42-404) 1915, ch. 111, sec. 4, p. 254; reen. C.L., sec. 3265q; C.S., sec. 5598; I.C.A., sec. 41-404; am. 1951, ch. 80, sec. 3, p. 149.]
ID Code § 42-405 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 4 - APPROPRIATIONS FOR USE OUTSIDE STATE|Section 42-405 - IDAHO LAWS CONTROLLING.

42-405. IDAHO LAWS CONTROLLING. Appropriations of water made under the provisions of this chapter shall be subject to the laws of the state of Idaho relative to administration, control and distribution of public waters, so long as said waters appropriated in accordance herewith shall remain within the state of Idaho: provided further, that such rights in their entirety shall be subject to all laws of the state of Idaho which have been or may be passed from time to time relative to the appropriation and control of public waters, to the end that such rights may be upon a parity with water rights within the state of Idaho.  History: [(42-405) 1915, ch. 111, sec. 5, p. 254; reen. C.L., sec. 3265r; C.S., sec. 5599; I.C.A., sec. 41-405.]
ID Code § 42-406 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 4 - APPROPRIATIONS FOR USE OUTSIDE STATE|Section 42-406 - RULES AND REGULATIONS.

42-406. RULES AND REGULATIONS. The department of water resources is empowered to make such rules and regulations as may be necessary to the proper administration of the provisions of this chapter.  History: [(42-406) 1915, ch. 111, sec. 6, p. 254; compiled and reen. C.L., sec. 3265s; C.S., sec. 5600; I.C.A., sec. 41-406.]
ID Code § 42-407 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 4 - APPROPRIATIONS FOR USE OUTSIDE STATE|Section 42-407 - APPEAL FROM DEPARTMENT’S DECISION.

42-407. APPEAL FROM DEPARTMENT’S DECISION. Whenever any person or persons feel themselves aggrieved by the determination or decision of the department of water resources relative to the granting of permit, the issuance of certification of proof of completion or the issuance of license, as hereinbefore provided for, such person or persons may request a hearing pursuant to section 42-1701A(3), Idaho Code, if a hearing on the matter has not been held, or, if a hearing has been held, may seek judicial review pursuant to section 42-1701A(4), Idaho Code.  History: [(42-407) 1915, ch. 111, sec. 7, p. 254; reen. C.L., sec. 3265t; C.S., sec. 5601; I.C.A., sec. 41-407; am. 1980, ch. 238, sec. 13, p. 544.]
ID Code § 42-501 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 5 - STOCKWATER RIGHTS|Section 42-501 - LEGISLATIVE INTENT.

42-501. LEGISLATIVE INTENT. In the landmark case of Joyce Livestock Company v. United States of America, 144 Idaho 1, 156 P.3d 502 (2007), the Idaho Supreme Court held that an agency of the federal government cannot obtain a stockwater right under Idaho law unless it actually owns livestock and puts the water to beneficial use. In Joyce, the court held that the United States: "bases its claim upon the constitutional method of appropriation. That method requires that the appropriator actually apply the water to a beneficial use. Since the United States has not done so, the district court did not err in denying its claimed water rights." The court also held that federal ownership or management of the land alone does not qualify it for stockwater rights. It opined: "The United States claimed instream water rights for stock watering based upon its ownership and control of the public lands coupled with the Bureau of Land Management’s comprehensive management of public lands under the Taylor Grazing Act…The argument of the United States reflects a misunderstanding of water law…As the United States has held, Congress has severed the ownership of federal lands from the ownership of water rights in nonnavigable waters located on such lands." The court went on to state: "Under Idaho Law, a landowner does not own a water right obtained by an appropriator using the land with the landowner’s permission unless the appropriator was acting as agent of the owner in obtaining that water right…If the water right was initiated by the lessee, the right is the lessee’s property, unless the lessee was acting as the agent of the owner…The Taylor Grazing Act expressly recognizes that ranchers could obtain their own water rights on federal land." A rancher is not unwittingly acting as an agent of a federal agency simply by grazing livestock on federally managed lands when he files for and receives a stockwater right. It is the intent of the Legislature to codify and enhance these important points of law from the Joyce case to protect Idaho stockwater right holders from encroachment by the federal government in navigable and nonnavigable waters. Further, in order to comply with the Joyce decision, it is the intent of the Legislature that stockwater rights acquired in a manner contrary to the Joyce decision are subject to forfeiture pursuant to sections 42-222(2) and 42-224, Idaho Code.  History: [42-501, added 2017, ch. 178, sec. 2, p. 408; am. 2018, ch. 320, sec. 1, p. 747; am. 2020, ch. 253, sec. 2, p. 739.]
ID Code § 42-502 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 5 - STOCKWATER RIGHTS|Section 42-502 - FEDERAL AGENCIES — STOCKWATER RIGHTS.

42-502. FEDERAL AGENCIES — STOCKWATER RIGHTS. No agency of the federal government shall acquire a stockwater right unless the agency owns livestock and puts the water to beneficial use. For purposes of this chapter, "stockwater rights" means water rights for the beneficial use for livestock.  History: [42-502, added 2017, ch. 178, sec. 2, p. 409; am. 2020, ch. 253, sec. 3, p. 740.]
ID Code § 42-504 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 5 - STOCKWATER RIGHTS|Section 42-504 - LIMITS OF USE.

42-504. LIMITS OF USE. If an agency of the federal government, or the holder or holders of any livestock grazing permit or lease on a federal grazing allotment, acquires a stockwater right, that stockwater right shall never be utilized for any purpose other than the watering of livestock on the federal grazing allotment that is the place of use for that stockwater right.  History: [(42-504) 42-503, added 2017, ch. 178, sec. 2, p. 409; am. and redesig. 2018, ch. 320, sec. 3, p. 749; am. 2020, ch. 253, sec. 5, p. 740.]
ID Code § 42-505 (2021)
2021 Idaho Code|Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION|Chapter 5 - STOCKWATER RIGHTS|Section 42-505 - EFFECT OF ILLEGAL CHANGE OF OWNERSHIP OR TRANSFER.

42-505. EFFECT OF ILLEGAL CHANGE OF OWNERSHIP OR TRANSFER. Any application for a change in ownership or any application proposing to change the nature of use of a stockwater right that is in violation of the provisions of this chapter shall be denied.  History: [(42-505) 42-504, added 2017, ch. 178, sec. 2, p. 409; am. and redesig. 2018, ch. 320, sec. 4, p. 749.]