reglab/statecodes huggingface dataset:
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 5 - STOCKWATER RIGHTS › Section 42-506 - SEVERABILITY.

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.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 5 - STOCKWATER RIGHTS › Section 42-507 - PROVISIONS CONTROLLING OVER OTHER ACTS.

42-507. PROVISIONS CONTROLLING OVER OTHER ACTS. Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act shall be controlling.
History:
[(42-507) 42-506, added 2017, ch. 178, sec. 2, p. 409; am. and redesig. 2018, ch. 320, sec. 6, p. 749.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 6 - DISTRIBUTION OF WATER AMONG APPROPRIATORS › Section 42-602 - DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES TO SUPERVISE WATER DISTRIBUTION WITHIN WATER DISTRICTS.

42-602. DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES TO SUPERVISE WATER DISTRIBUTION WITHIN WATER DISTRICTS. The director of the department of water resources shall have direction and control of the distribution of water from all natural water sources within a water district to the canals, ditches, pumps and other facilities diverting therefrom. Distribution of water within water districts created pursuant to section 42-604, Idaho Code, shall be accomplished by watermasters as provided in this chapter and supervised by the director.
The director of the department of water resources shall distribute water in water districts in accordance with the prior appropriation doctrine. The provisions of chapter 6, title 42, Idaho Code, shall apply only to distribution of water within a water district.
History:
[(42-602) First paragraph: 1915, ch. 34, sec. 4, p. 103; second paragraph: 1903, p. 223, sec. 32; reen. R.C., sec. 3283; am. 1915, ch. 34, sec. 17, p. 112; reen. C.L., sec. 3270; C.S., sec. 5606; I.C.A., sec. 41-502; am. 1992, ch. 339, sec. 2, p. 1015; am. 1994, ch. 450, sec. 1, p. 1435.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 6 - DISTRIBUTION OF WATER AMONG APPROPRIATORS › Section 42-603 - SUPERVISION OF WATER DISTRIBUTION — RULES AND REGULATIONS.

42-603. SUPERVISION OF WATER DISTRIBUTION — RULES AND REGULATIONS. The director of the department of water resources is authorized to adopt rules and regulations for the distribution of water from the streams, rivers, lakes, ground water and other natural water sources as shall be necessary to carry out the laws in accordance with the priorities of the rights of the users thereof. Promulgation of rules and regulations shall be in accordance with the procedures of chapter 52, title 67, Idaho Code.
History:
[(42-603) 1915, ch. 34, sec. 8, p. 103; reen. C.L., sec. 3273; C.S., sec. 5607; I.C.A., sec. 41-503; am. 1992, ch. 339, sec. 4, p. 1015.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 6 - DISTRIBUTION OF WATER AMONG APPROPRIATORS › Section 42-606 - REPORTS OF WATERMASTERS.

42-606. REPORTS OF WATERMASTERS. All watermasters shall make an annual report to the department of water resources prior to the expiration of the watermaster’s appointment for the current year. This report shall show the total volume of water delivered by the watermaster during the preceding year, the volume delivered to each water user, the total expense of delivery 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 the number of days the watermaster and watermaster assistants have devoted to the distribution of such water and any records of stream flow the watermaster used or made in the process of distributing water supplies. The director may ask for other information deemed necessary in assuring proper distribution of water supplies within the district. The reports of watermasters to the department of water resources shall be filed and kept in the office of the department.
History:
[(42-606) 1903, sec. 25, p. 223; reen. R.C., sec. 3276; am. 1915, ch. 34, sec. 11, p. 103; reen. C.L., sec. 3276; C.S., sec. 5610; I.C.A., sec. 41-506; am. 1992, ch. 339, sec. 8, p. 1021; am. 2020, ch. 52, sec. 3, p. 127.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 6 - DISTRIBUTION OF WATER AMONG APPROPRIATORS › Section 42-607 - DISTRIBUTION OF WATER.

42-607. DISTRIBUTION OF WATER. It shall be the duty of said watermaster to distribute the waters of the public stream, streams, or water supply comprising a water district among the water users taking water therefrom according to the prior rights of each respectively, in whole or in part, and to shut and fasten, or cause to be shut or fastened, under the direction of the department of water resources, the headgates or controlling works for the diversion of water from such stream, streams, or water supply, during times of water scarcity, in order to supply the prior rights of others from such stream or water supply; provided, that any person or corporation claiming the right to the use of the waters of the stream or water supply comprising a water district, but not owning or having the use of an adjudicated or decreed right therein, or right therein evidenced by permit or license issued by the department of water resources, shall, for the purposes of distribution during times of water scarcity, be held to have a right subsequent to any adjudicated, decreed, permit, or licensed right from such stream or water supply, and the watermaster shall close all headgates or controlling works of diversions having no adjudicated, decreed, permit or licensed right if necessary to supply adjudicated, decreed, permit or licensed right in such stream or water supply. As long as a duly elected watermaster is charged with the administration of the waters within a water district, no water user within such district can adversely possess the right of any other water user.
History:
[(42-607) 1903, sec. 26, p. 223; reen. R.C., sec. 3277; am. 1909, sec. 1, p. 326; am. 1915, ch. 34, sec. 12, p. 103; C.L., sec. 3277; C.S., sec. 5611; am. 1927, ch. 63, sec. 2, p. 78; I.C.A., sec. 41-507; am. 1969, ch. 305, sec. 2, p. 913; am. 1973, ch. 262, sec. 2, p. 534; am. 1992, ch. 339, sec. 9, p. 1021; am. 2020, ch. 52, sec. 4, p. 128.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 6 - DISTRIBUTION OF WATER AMONG APPROPRIATORS › Section 42-609 - WATERMASTER’S ASSISTANTS — EMPLOYMENT IN EMERGENCY — OATH AND COMPENSATION.

42-609. WATERMASTER’S ASSISTANTS — EMPLOYMENT IN EMERGENCY — OATH AND COMPENSATION. A watermaster shall have power, in case of emergency, with the approval of the director of the department of water resources, to employ suitable assistants in addition to those who may have been approved at the annual meeting of the water users of the district to aid the watermaster in the discharge of the watermaster’s duties, who shall take the same oath as the watermaster, and shall obey the watermaster’s instructions, and shall be entitled to a salary as set by the water users in their adopted budget and approved by the director of the department of water resources, or if no budget is adopted, then as set by the director of the department of water resources, to be paid in the same manner as provided for the payment of watermasters.
History:
[(42-609) 1903, p. 223, sec. 28; reen. R.C., sec. 3279; am. 1915, ch. 34, sec. 14, p. 103; reen. C.L., sec. 3279; C.S., sec. 5613; am. 1927, ch. 63, sec. 4, p. 78; I.C.A., sec. 41-509; am. 1980, ch. 277, sec. 1, p. 721; am. 1992, ch. 339, sec. 11, p. 1023.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 6 - DISTRIBUTION OF WATER AMONG APPROPRIATORS › Section 42-610 - COMPENSATION OF WATERMASTERS — ALLOTMENT AND CHARGE AGAINST LAND — CHARGE AGAINST CANAL.

42-610. COMPENSATION OF WATERMASTERS — ALLOTMENT AND CHARGE AGAINST LAND — CHARGE AGAINST CANAL. The pay for the services of the watermaster and the watermaster’s assistants shall be assessed against the land of the water users to which said water was so delivered. The amount assessed to each user shall be a pro rata share based on the volume of water delivered to each water user in proportion to the whole amount delivered to all water users. When any portion of the allotted waters is distributed by said watermaster to the canal of any water delivery organization, the amount of the expense chargeable for such services shall be assessed against such canal.
History:
[(42-610) 1903, sec. 29, p. 223; am. 1907, sec. 1, p. 482; reen. R.C., sec. 3280; am. 1915, ch. 34, sec. 15, p. 110; reen. C.L., sec. 3280; C.S., sec. 5614; am. 1925, ch. 60, sec. 2, p. 86; am. 1927, ch. 81, sec. 1, p. 99; I.C.A., sec. 41-510; am. 1992, ch. 339, sec. 12, p. 1023; am. 2020, ch. 52, sec. 5, p. 128.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 6 - DISTRIBUTION OF WATER AMONG APPROPRIATORS › Section 42-613A - PROCEEDS FROM THE LEASE OF STORED WATER — DISTRICT RETENTION — CONTROL AND USE BY ADVISORY COMMITTEE.

42-613A. PROCEEDS FROM THE LEASE OF STORED WATER — DISTRICT RETENTION — CONTROL AND USE BY ADVISORY COMMITTEE. The advisory committee of a water district created pursuant to section 42-604, Idaho Code, and chosen pursuant to section 42-605(6), Idaho Code, when appointed by the water resource board to facilitate the rental of stored water in the district pursuant to section 42-1765, Idaho Code, shall be authorized to manage and retain in a special account the proceeds accruing within the district from the rental of storage water leased under the provisions of section 42-1765, Idaho Code. Notwithstanding the supervisory responsibilities of the director of the department of water resources over the activity of watermasters delivering water within water districts, the account shall be under the exclusive control of the advisory committee of the water district when such committee has been appointed by the water resource board to facilitate the rental of stored water in the district within which the leased water is stored.
All proceeds from the lease of stored water which are retained by the advisory committee of any district under this section shall be used in accordance with the resolutions duly adopted by the water users of the district solely for one or more of the following public purposes:
(1) Expenses of the district.
(2) Improvements to the district’s facilities, including a reasonable reserve for future improvements.
(3) Educational projects designed to increase public awareness in the area of water distribution, water rights and water conservation.
(4) Other public projects designed to assist in the adjudication, conservation or more efficient distribution of water.
All funds retained by an advisory committee pursuant to this section shall be deposited by the water district treasurer pursuant to the public depository law.
History:
[42-613A, added 1986, ch. 78, sec. 3, p. 237; am. 1992, ch. 339, sec. 15, p. 1025.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 6 - DISTRIBUTION OF WATER AMONG APPROPRIATORS › Section 42-616 - BUDGET — ACTION TO COLLECT CHARGES — ATTORNEY’S FEES.

42-616. BUDGET — ACTION TO COLLECT CHARGES — ATTORNEY’S FEES. The county treasurer or water district treasurer of a water district shall have the right to collect any charges due and unpaid, by civil action, said action to be brought in any court of competent jurisdiction, in the name of the county treasurer or water district treasurer to whom such charges are payable, and in addition to the amount found due, together with interest and costs, may also recover such sum as the court may adjudge reasonable as attorney’s fees in said action.
History:
[(42-616) C.S., sec. 5615-A, 6th par., as added by 1927, ch. 39, sec. 1, p. 51; I.C.A., sec. 41-516; am. 1992, ch. 339, sec. 18, p. 1026.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 7 - HEADGATES AND MEASURING DEVICES › Section 42-702 - MEASURING DEVICES ABOVE RESERVOIRS.

42-702. MEASURING DEVICES ABOVE RESERVOIRS. Any person, firm or corporation using the channel of any stream or streams or any tributary of such stream or streams in this state as an impounding reservoir shall place therein at a point above and as near as practicable to the backwater of such reservoir such system or device as the department of water resources may require for measuring the flow of water at such point and in accordance with plans and specifications which shall be furnished by the department.
History:
[(42-702) 1917, ch. 53, part of sec. 3, p. 124; reen. C.L., sec. 3282d; C.S., sec. 5620; I.C.A., sec. 41-602.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 7 - HEADGATES AND MEASURING DEVICES › Section 42-703 - MEASURING DEVICES ALONG STREAMS.

42-703. MEASURING DEVICES ALONG STREAMS. It shall also be the duty of those using water in any district to place in the streams from which said water is diverted and at such places and intervals on said streams as the department of water resources may require suitable systems or devices for measuring the flow of water.
History:
[(42-703) 1917, ch. 53, part of sec. 3, p. 124; reen. C.L., sec. 3282e; C.S., sec. 5621; I.C.A., sec. 41-603.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 7 - HEADGATES AND MEASURING DEVICES › Section 42-705 - DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES AUTHORIZED TO CREATE AND SUPERVISE WATER MEASUREMENT DISTRICTS.

42-705. DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES AUTHORIZED TO CREATE AND SUPERVISE WATER MEASUREMENT DISTRICTS. The director of the department of water resources is authorized to create water measurement districts to carry out the water measuring requirements of this chapter and shall have direction and control of the measurement of water existing therein or diverted from all public water sources, including ground water sources, within a water measurement district. Measurement of water within water measurement districts created pursuant to section 42-706, Idaho Code, shall be accomplished by district hydrographers as provided in this chapter and supervised by the director. Administration of water rights within water measurement districts shall be pursuant to the authority of the director of the department of water resources found elsewhere in title 42, Idaho Code, except such curtailment of diversion as is specifically authorized in section 42-714, Idaho Code.
History:
[42-705, added 1995, ch. 291, sec. 3, p. 1016.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 7 - HEADGATES AND MEASURING DEVICES › Section 42-708 - REPORTS OF DISTRICT HYDROGRAPHERS.

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.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 7 - HEADGATES AND MEASURING DEVICES › Section 42-709 - MEASUREMENT OF WATER.

42-709. MEASUREMENT OF WATER. (1) It shall be the duty of the district hydrographer to:
(a) Measure the diversion from the water supply within the district by each appropriator or water user, or as the director of the department of water resources may otherwise require, and report the results as provided in section 42-708, Idaho Code.
(b) Take and record measurements from devices within the district required in sections 42-702 and 42-703, Idaho Code, and report the results as provided in section 42-708, Idaho Code.
(c) Monitor the ground water levels at ground water diversions, as required by the director of the department of water resources, before the pumping period begins and during the pumping period and report the results as provided in section 42-708, Idaho Code.
(d) Maintain current records of names and addresses of ground and surface appropriators or water users within the district and report the names and addresses as provided in section 42-708, Idaho Code.
(e) Maintain and report, as provided in section 42-708, Idaho Code, any change in the diversion facilities of any appropriator or water user in the district.
(f) Immediately report to the director of the department of water resources the diversion of any water appearing to be diverted without a water right or in violation of a water right.
(2) Data collected pursuant to the provisions of subsection (1) of this section during the period November 1 through December 31 shall be reported in the report required in section 42-708, Idaho Code, submitted the following year.
(3) The district hydrographer and his assistants may make reasonable entry upon any lands in the state for the purpose of making water measurements or in direct support of making water measurements.
(4) Appropriators or water users may be required by the director, pursuant to subsections (1) through (4) of section 42-701, Idaho Code, or section 42-702 or 42-703, Idaho Code, to install measuring devices to facilitate the measurement of water required in this section.
History:
[42-709, added 1995, ch. 291, sec. 3, p. 1020.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 7 - HEADGATES AND MEASURING DEVICES › Section 42-710 - DISTRICT HYDROGRAPHER’S TERM OF SERVICE.

42-710. DISTRICT HYDROGRAPHER’S TERM OF SERVICE. A district hydrographer shall serve throughout the year from January 1 through December 31. The appropriators or water users of any water measurement district may, by resolution adopted at an annual meeting or at a special meeting properly called for that purpose, change the hydrographer’s term of service to correspond with consecutive annual meeting dates or other annual dates as determined by the appropriators or water users. Assistants to the district hydrographer shall serve when necessary to make the water measurements required of the district or for such period of time as specified by resolution at any annual meeting of the appropriators or water users, provided, the period of time set by resolution is sufficient for the assistants to make all needed water measurements in the district.
History:
[42-710, added 1995, ch. 291, sec. 3, p. 1021; am. 1998, ch. 44, sec. 2, p. 192.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 7 - HEADGATES AND MEASURING DEVICES › Section 42-711 - EXPENSES OF THE DISTRICT — APPROVAL — ALLOTMENT AND CHARGE AGAINST WATER USER.

42-711. EXPENSES OF THE DISTRICT — APPROVAL — ALLOTMENT AND CHARGE AGAINST WATER USER. (1) District hydrographers shall prepare an accounting of all expenses of the district for the year. The accounting shall show:
(a) The time charged to the district by each employee of the district, the function performed by each employee for the time charged and the cost to the district for the time charged.
(b) The cost to the district for each activity of the advisory committee and for each activity a breakdown of the cost by per diem for committee members, travel costs, goods and services, and other costs with a description of the substance of the other costs.
(c) The cost to the district for travel and services, except as already included in paragraph (b) of this subsection, and a description of the activity performed for the district for each cost.
(d) The cost to the district for all real or personal property, equipment or facilities acquired, and a description and the cost of each.
The accounting shall be certified by the district hydrographer and the chairman of the advisory committee.
(2) The accounting shall be submitted to the director of the department of water resources for approval.
(3) The expenses of the district shall be a charge against the water users in the district. The expenses of the district shall be apportioned among all water users included within the district in the following manner:
(a) A charge of twenty-five dollars ($25.00) per year for each diversion measured, provided the charge may be up to fifty dollars ($50.00) per year if adopted by resolution approved by vote of the water users at a meeting conducted in accordance with section 42-707, Idaho Code; and
(b) A pro rata share of the total expense of the district, minus the total amount charged for all diversions in the district from paragraph (a) of this subsection determined by the fraction the recorded diversion rate for each water right is to the total recorded diversion rate of all water rights being measured by the district.
(c) Except, if the total charge for all diversions measured in the district from paragraph (a) of this subsection is more than the total expense of the district, the individual charge for each diversion will be the total expense of the district divided by the number of diversions in the district and the pro rata share from paragraph (b) of this subsection will be zero (0).
(4) An allocation of the district expenses among the various users shall be prepared by the district hydrographer and filed with the director of the department of water resources and with the water measurement district treasurer.
History:
[42-711, added 1995, ch. 291, sec. 3, p. 1021; am. 2001, ch. 169, sec. 1, p. 581.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 7 - HEADGATES AND MEASURING DEVICES › Section 42-712 - PROPOSED BUDGET FOR SUCCEEDING YEAR.

42-712. PROPOSED BUDGET FOR SUCCEEDING YEAR. Each district hydrographer shall, at least thirty (30) days prior to the annual meeting of the appropriators or water users of the water measurement district, also prepare and file with the department of water resources a proposed budget for the succeeding year, together with an allocation of the amount of the budget to the respective appropriators or water users, using the actual amounts for the past year or years as the basis for the allocation, which proposed budget and allocation shall be submitted to the appropriators or water users for consideration and approval at the next annual district meeting.
History:
[42-712, added 1995, ch. 291, sec. 3, p. 1022.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 7 - HEADGATES AND MEASURING DEVICES › Section 42-713 - BUDGET OF WATER MEASUREMENT DISTRICT — ADOPTION AND CONTENTS — DEBT OF APPROPRIATOR OR WATER USER.

42-713. BUDGET OF WATER MEASUREMENT DISTRICT — ADOPTION AND CONTENTS — DEBT OF APPROPRIATOR OR WATER USER. At any annual meeting the appropriators or water users must adopt a budget covering the estimated expenses of water measurements and data collection, as required in section 42-709, Idaho Code, of the district for the ensuing year, and by resolution determine that the budget shall be collected, and the compensation of the district hydrographer and the district hydrographer’s assistants and any other expenses of the district, including the costs of the advisory committee in implementing resolutions adopted by the appropriators or water users of the district for activities in addition to the payment of the salary and operating expenses of the district hydrographer and assistants, shall be paid in the manner provided in this section. The budget shall show the aggregate amount to be collected from all the appropriators or water users in the district, and the amount to be paid by each ditch, canal company, irrigation district or other appropriator or water user, and for the purpose of computing the respective amounts, the cost of measuring the various diversions and other measurements during the past year or years not exceeding five (5) years, shall be used as a basis. Upon the adoption of the budget the amount payable by each ditch, canal company, irrigation district or other appropriator or water user, as shown by the budget, shall become the debt of each respectively and shall become due and payable as in this chapter provided.
History:
[42-713, added 1995, ch. 291, sec. 3, p. 1022.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 7 - HEADGATES AND MEASURING DEVICES › Section 42-714 - BUDGET — COLLECTION METHOD — ENFORCEMENT.

42-714. BUDGET — COLLECTION METHOD — ENFORCEMENT. (1) The budget, when approved, shall be filed with the secretary of the meeting and the district treasurer and thereupon the district hydrographer shall immediately prepare and file a certified copy thereof with the director of the department of water resources. The budget so approved shall be due and payable on the first day of April of each year unless a different due date is specified by resolution of the appropriators or water users at the annual meeting. Any assessments not paid by the due date shall bear interest from the due date until paid at the rate of eight percent (8%) per annum.
(2) The district hydrographer is authorized to collect his compensation and that of his assistants, and other expenses of the district, directly from the appropriators or water users, canal companies, and irrigation districts. The district hydrographer shall collect such compensation and expenses directly from the appropriators or water users and shall turn the collected funds over to the water measurement district treasurer for deposit and disbursement in accordance with section 42-715, Idaho Code.
(3) The district hydrographer is authorized to cause the delivery of water to be withheld or to cause diversions of water to cease by those users who have not paid their pro rata share of the cost of operating the district as levied until such time as the pro rata share of the cost is paid.
(4) The water measurement district shall have the right to collect any charges due and unpaid, by civil action, the action to be brought in any court of competent jurisdiction, in the name of the district hydrographer to whom such charges are payable, and in addition to the amount found due, together with interest and costs, may also recover such sum as the court may adjudge reasonable as attorney’s fees in the action.
(5) The appropriators or water users may by resolution request the department of water resources to prepare and mail the billings for the collections authorized in this section. The resolution will agree to reimburse to the department the actual cost incurred by the department in preparing and mailing the billings.
History:
[42-714, added 1995, ch. 291, sec. 3, p. 1023.]