reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1301 - ORGANIZATION — OFFICERS — RULES.

42-1301. ORGANIZATION — OFFICERS — RULES. When three (3) or more parties each own or possess and control land with appurtenant water rights which each are entitled to receive from the same point or points of delivery in a canal or reservoir, or from the same point or points of diversion from waters of the state, to be conveyed to their respective premises for any distance through the same lateral or distributing ditch or laterals or distributing ditches that are not operated and maintained by an irrigation district, canal company or other water delivery organization, such parties shall be members of and shall constitute a water users’ association known as "Lateral Water Users’ Association." Such water users’ association may meet and organize at any time after thirty (30) days after this chapter shall take effect, and shall meet annually thereafter between January 1 and the last Monday in March of each year, at the call of the secretary of such association, said secretary to give ten (10) days’ notice by mail of such annual meeting; provided that if for any reason the secretary should fail to call a meeting, then the annual meeting of such association shall be held on the last Monday in March of each year. At such annual meetings each water user shall be entitled to one (1) vote in person, for each inch and a fractional vote for each fraction of an inch of water which such water user is entitled to receive from such laterals, and a corporation shall vote by one (1) of its officers designated by it. Such association shall organize by the election of a chairman, vice-chairman and a secretary-treasurer, which officers shall also constitute the board of directors of such association, and shall hold office for one (1) year and until their successors are elected. Such association at the annual meeting shall also elect a manager of said lateral or laterals to be known as "lateral manager" for the succeeding season and shall fix the compensation of said manager, and of all officers. Such association may adopt such rules and regulations for the management of said lateral or laterals or distributing ditch or ditches and the delivery of water therefrom as they deem best, and may, by majority vote, if it be deemed for the best interests of the association, combine one (1) or more laterals and abandon laterals not in use, and do any and all things not in conflict with the provisions of this chapter or the laws of this state wherein the best interests of the association will be furthered.
History:
[(42-1301) 1927, ch. 213, sec. 1, p. 295; I.C.A., sec. 41-1201; am. 1941, ch. 99, sec. 1, p. 178; am. 1947, ch. 172, sec. 1, p. 429; am. 2015, ch. 80, sec. 1, p. 202.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1302 - LATERAL MANAGER — ELECTION — DUTIES.

42-1302. LATERAL MANAGER — ELECTION — DUTIES. Should any water users’ association at its annual meeting fail to elect a lateral manager or fix his compensation such lateral manager may be elected by the board of directors of such association, who may also fix his compensation. The manager of any lateral shall, in addition to the duties prescribed by the association, perform all duties fixed for such lateral manager under the provisions of sections 42-907 and 42-910, [Idaho Code,] except as modified by this chapter.
History:
[(42-1302) 1927, ch. 213, sec. 2, p. 295; I.C.A., sec. 41-1202.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1303 - LATERAL DITCHES — REPAIRS, IMPROVEMENTS, AND MAINTENANCE — ASSESSMENT OF COSTS.

42-1303. LATERAL DITCHES — REPAIRS, IMPROVEMENTS, AND MAINTENANCE — ASSESSMENT OF COSTS. The operation, improvement, repair and maintenance of any such lateral or distributing ditch shall be under the direction of the directors of the association. Following the association’s annual meeting, the association’s directors and the lateral manager shall examine the lateral or laterals or distributing ditch or ditches, and prepare an estimate of the total cost to operate, repair, improve and maintain the lateral or laterals or ditch or ditches to properly deliver water to the water users’ lands during the succeeding season, including the compensation of officers and lateral manager. Such total cost shall be assessed to each water user either (1) in the proportion which the quantity of water the water user is entitled to receive from such lateral or ditch bears to the total quantity of water which all association water users are entitled to receive therefrom, or (2) if the water user’s land consists of a lot or lots within a city or village, then the assessment may be made upon the basis of each lot, the same to be uniform upon lots of the same size.
History:
[(42-1303) 1927, ch. 213, sec. 3, p. 295; I.C.A., sec. 41-1203; am. 2015, ch. 80, sec. 2, p. 202.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1304 - ASSESSMENTS — NOTICE — PENALTIES FOR DELINQUENCY.

42-1304. ASSESSMENTS — NOTICE — PENALTIES FOR DELINQUENCY. On or before the fifteenth day of April in each year the secretary of the association shall notify each water user of the amount assessed against him for that year as herein authorized, and the same shall be due and payable on the first day of May of each year and if not so paid on or before the fifteenth day of June of such year, a penalty of ten per cent (10%) shall be added thereto, and the total amount due shall then draw interest at the rate of ten per cent (10%) per annum from said fifteenth day of June of such year until paid.
History:
[(42-1304) 1927, ch. 213, sec. 4, p. 295; I.C.A., sec. 41-1204; am. 1977, ch. 247, sec. 1, p. 724.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1305 - DELINQUENT USERS NOT ENTITLED TO WATER.

42-1305. DELINQUENT USERS NOT ENTITLED TO WATER. No water user shall be entitled to demand or receive water from said lateral whenever any such assessment is due and unpaid, and the lateral manager shall not distribute any water to such water user while delinquent in such payment except upon order of the board of directors of the association who shall have authority to cause such water to be delivered: provided, the water user shall give such security for the payment of such assessment against him as shall be required by the board of directors.
History:
[(42-1305) 1927, ch. 213, sec. 5, p. 295; I.C.A., sec. 41-1205.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1306 - COLLECTION AND DISBURSEMENT OF FUNDS.

42-1306. COLLECTION AND DISBURSEMENT OF FUNDS. The lateral manager shall collect all assessments so made and pay the same to the secretary-treasurer taking his receipt therefor. The secretary-treasurer of this association shall keep the funds of the association in the name of the association and shall draw warrants or checks thereon to pay the costs and expenses of the management of said lateral as herein provided for upon the order of the board of directors, and shall perform such other duties as the association may prescribe.
History:
[(42-1306) 1927, ch. 213, sec. 6, p. 295; I.C.A., sec. 41-1206.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1307 - ACTION FOR ASSESSMENT — ATTORNEYS’ FEES.

42-1307. ACTION FOR ASSESSMENT — ATTORNEYS’ FEES. In case any assessment, as herein provided for is due and unpaid the association may sue to collect the same, in the name of its secretary-treasurer as such, in any court of competent jurisdiction, and in addition to the amount due including all penalties and interest, and all costs incurred in said action, may collect a reasonable attorney’s fee in such action to be fixed by the court.
History:
[(42-1307) 1927, ch. 213, sec. 7, p. 295; I.C.A., sec. 41-1207.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1308 - APPOINTMENT OF LATERAL MANAGER BY DIRECTOR OF DEPARTMENT OF WATER RESOURCES.

42-1308. APPOINTMENT OF LATERAL MANAGER BY DIRECTOR OF DEPARTMENT OF WATER RESOURCES. (1) In the event that the water users or the board of directors of any lateral or ditch association do not meet and elect a lateral manager as provided for in this chapter or a lateral manager is not selected as otherwise provided by law, then, the director of the department of water resources may appoint and fix the compensation of a lateral manager, upon the written petition of a water user alleging that water is not being apportioned and distributed properly among the users from the ditch or lateral and that the rights of the water user are being injured thereby.
(2) If the water users also have failed to elect association officers, the lateral manager appointed by the director may exercise the duties of the association officers, including the making and collection of assessments, but not the borrowing of money, as is necessary to achieve the proper allocation and distribution of water from the ditch or lateral and without regard to the statutory dates for the performance of these duties.
(3) The lateral manager appointed by the director shall hold office only for the period of time fixed by the order of appointment and in no event beyond the remainder of the year in which appointed.
(4) If the lateral is located within a water district established pursuant to chapter 6, title 42, Idaho Code, the director shall advise the district watermaster of the receipt of the petition and invite the watermaster to make recommendations concerning the need for appointment of a lateral manager and the person to be appointed.
(5) Upon receipt of a petition filed pursuant to subsection (1) of this section, the director shall make a reasonable effort to provide written notice of the petition to any irrigation district, canal company, or other water distribution entity that supplies water to the lateral, and to all persons having rights to the use of water from the lateral. Except in the case of serious threat of imminent injury to person or property, the director shall allow fourteen (14) days for written response to the petition.
(6) Based upon a review of the petition, the responses thereto, the recommendations of the watermaster, if any, and any investigation by the department of water resources, the director shall issue an order with findings either appointing a lateral manager or declining to appoint a lateral manager. Any person aggrieved by the order of the director shall be entitled to request a hearing before the director pursuant to section 42-1701A, Idaho Code.
History:
[42-1308, added 1999, ch. 217, sec. 1, p. 577.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1309 - ASSOCIATION AUTHORIZED TO BORROW MONEY, MORTGAGE OR PLEDGE ASSETS.

42-1309. ASSOCIATION AUTHORIZED TO BORROW MONEY, MORTGAGE OR PLEDGE ASSETS. Lateral ditch water users’ associations are expressly authorized to borrow money from any private or governmental source, to be repaid over a period of years, and to levy assessments over such period of years for the purpose of repaying said loan, and they are also authorized and empowered to mortgage and/or pledge any of the assets of said associations as security for said loan; providing, however, that before any money can be borrowed or any mortgage or pledge can be made and entered into, all members of said association shall be notified of an election by two (2) weekly publications in a legally authorized newspaper, as defined in section 60-106, Idaho Code, within the county in which the association is located, said notice to provide that an election is being called to determine whether or not the association shall be authorized to borrow money and mortgage and/or pledge its assets, and shall also state the date, time and place of said election, which shall be held within ten days after the date of the last publication of said notice.
If a majority of the total outstanding shares shall vote at said election in favor of borrowing said money and mortgaging and/or pledging said assets, then said association, through its president and secretary, shall be authorized to borrow said money and mortgage and/or pledge its assets.
History:
[42-1309, as added by 1957, ch. 59, sec. 1, p. 101.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1310 - LATERAL DITCHES — REPAIRS, IMPROVEMENTS AND MAINTENANCE BY IRRIGATION DELIVERY ENTITIES.

42-1310. LATERAL DITCHES — REPAIRS, IMPROVEMENTS AND MAINTENANCE BY IRRIGATION DELIVERY ENTITIES. In the event that a water users’ association of lateral or laterals has not been constituted on a particular lateral or distributing ditch pursuant to this chapter, any individual water user taking water from a canal or reservoir to be conveyed to their respective premises for any distance through such lateral or distributing ditch may authorize the irrigation delivery entity providing water to the lateral or ditch to perform any necessary repairs, improvements, or maintenance to the lateral or ditch. The irrigation delivery entity may agree to perform such work only if it has duly adopted a bylaw authorizing such work to be done for its individual water users, or adopts a resolution authorizing the work. In performing such work, the irrigation delivery entity shall have the same rights and privileges to enter the land across which the right-of-way extends, for the purposes of cleaning, maintaining and repairing the lateral or ditch, and to perform such work, as does the individual water user authorizing the work. By performing such work, the irrigation delivery entity does not assume ownership of the lateral or ditch, or responsibility for or incur liability for any injury to person or property caused by an act or omission of the individual water user authorizing the work, or of any other person. When such work has been authorized, the irrigation entity shall assess the individual water user for the annual cost of any necessary repairs, improvements, or maintenance performed on the lateral or ditch, in addition to the assessments that are levied for the delivery of water to the individual water user, and the same provisions shall apply with regard to delinquent assessments as in the case of assessments levied for the delivery of water. Nothing in this section shall affect the authority of a water users’ association of lateral or laterals from assessing its members for work authorized under this chapter.
History:
[42-1310, added 2004, ch. 147, sec. 1, p. 477.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1311 - AMOUNT AND LIEN OF ASSESSMENTS.

42-1311. AMOUNT AND LIEN OF ASSESSMENTS. The amount assessed against each water user, together with any penalties and interest, shall be a lien upon the water user’s land that is entitled to receive water from the point or points of delivery in the canal or reservoir, or from the point or points of diversion from waters of the state, that supplies the association’s lateral or ditch. The lien shall be recorded and collected in accordance with section 55-3207, Idaho Code, governing homeowner’s association liens, except that the lien may be continued in force for a period of time not to exceed three (3) years and may be extended not to exceed three (3) additional years. The lien provided for in this section shall have priority according to its date of recordation, except as to other liens described in titles 42 and 43, Idaho Code.
History:
[42-1311, added 2015, ch. 80, sec. 3, p. 203; am. 2022, ch. 323, sec. 5, p. 1045.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1312 - WITHDRAWAL FROM LATERAL WATER USERS’ ASSOCIATION.

42-1312. WITHDRAWAL FROM LATERAL WATER USERS’ ASSOCIATION. A water user may withdraw from the association by providing written notice and proof that the water user’s land is no longer entitled to receive water from the point or points of delivery in the canal or reservoir, or from the point or points of diversion from waters of the state, that supplies the association’s lateral or ditch. Withdrawal shall not affect any lien recorded against the water user’s land pursuant to section 42-1311, Idaho Code, prior to withdrawal.
History:
[42-1312, added 2015, ch. 80, sec. 4, p. 203.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 13 - LATERAL DITCH WATER USERS’ ASSOCIATIONS › Section 42-1313 - WATER USER DEFINED.

42-1313. WATER USER DEFINED. As used in this chapter, "water user" means each person or entity that is a member of a lateral water users’ association because they own or possess and control land that is entitled to receive water from the point or points of delivery in the canal or reservoir, or from the point or points of diversion from waters of the state, that supplies the association’s lateral or ditch.
History:
[42-1313, added 2015, ch. 80, sec. 5, p. 203.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1401 - LEGISLATIVE INTENT.

42-1401. LEGISLATIVE INTENT. The legislature finds and declares that the state laws and procedures for the adjudication of rights to the use of water need to be modified:
(1) to provide a statutory procedure for incorporating a negotiated agreement between a federal reserved water right claimant and the state of Idaho into an adjudication;
(2) to provide a more efficient method for adjudications;
(3) to assure that state laws and procedures provide a fair and impartial forum for the adjudication of the rights of all claimants; and
(4) to assure that state laws and procedures are adequate as a matter of federal law to adjudicate all water rights claimed to have been established under federal law and to administer such rights.
History:
[42-1401, added 1986, ch. 220, sec. 2, p. 560; am. 1994, ch. 454, sec. 1, p. 1445.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1401A - DEFINITIONS.

42-1401A. DEFINITIONS. The following terms are defined for purposes of this chapter as follows:
(1) "Claimant" means any person asserting ownership of rights to the use of water within the state of Idaho or on whose behalf ownership of rights to the use of water is asserted.
(2) "Department" means the Idaho department of water resources.
(3) "Director" means collectively the director of the Idaho department of water resources and the Idaho department of water resources.
(4) "Domestic use" is defined in section 42-111, Idaho Code.
(5) "General adjudication" means an action both for the judicial determination of the extent and priority of the rights of all persons to use water from any water system within the state of Idaho that is conclusive as to the nature of all rights to the use of water in the adjudicated water system, except as provided in section 42-1420, Idaho Code, and for the administration of those rights.
(6) "Party" means any person who is a claimant or any person who is served or joined.
(7) "Person" means an individual, a partnership, a trust, an estate, a corporation, a municipal corporation, the state of Idaho or any political subdivision, the United States, an Indian tribe, or any other public or private entity, except that "person" does not include the director of the department or the department.
(8) "Private adjudication" means an action commenced in accordance with section 42-1404, Idaho Code, for the judicial determination of both the extent and priority of the rights of named persons to the use of water from any water system within the state of Idaho, for which a general adjudication has not been commenced or completed, that binds only those persons joined in the action and for the administration of such rights.
(9) "Purchaser" means any successor in interest of a claimant, whether the interest is acquired by purchase, gift, inheritance, or other means.
(10) "Supplemental adjudication" means an action commenced in accordance with section 42-1424, Idaho Code, for the judicial determination of both the extent and priority of the rights of a person to the use of water from any water system within the state of Idaho which has been adjudicated in a general adjudication or in a private adjudication.
(11) "Stock watering use" means the use of water solely for livestock or wildlife where the total diversion is not in excess of thirteen thousand (13,000) gallons per day.
(12) "Water system" includes all rivers, streams, lakes, springs, ground waters, or other sources within this state, including any river system or other source, as used in 43 U.S.C. section 666.
History:
[42-1401A, added 1986, ch. 220, sec. 3, p. 560; 1986, ch. 234, sec. 1, p. 645; am. 1990, ch. 319, sec. 6, p. 875; am. 1994, ch. 454, sec. 2, p. 1445; am. 1996, ch. 186, sec. 1, p. 585; am. 1997, ch. 374, sec. 2, p. 1194.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1401B - ROLE OF THE DIRECTOR IN AN ADJUDICATION.

42-1401B. ROLE OF THE DIRECTOR IN AN ADJUDICATION. (1) The director’s role under this chapter is as an independent expert and technical assistant to assure that claims to water rights acquired under state law are accurately reported in accordance with the procedures of chapter 14, title 42, Idaho Code. The director shall make recommendations as to the extent of beneficial use and administration of each water right under state law and may use uniform parameters for quantification of beneficial use recommended for rights within climatic regions of the state.
(2) The director shall not be a claimant on behalf of the state or any subdivision of the state in an adjudication.
(3) The director shall not be a party to an adjudication.
History:
[42-1401B, added 1994, ch. 454, sec. 3, p. 1446.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1401C - ROLE OF STATE AGENCIES OTHER THAN THE IDAHO DEPARTMENT OF WATER RESOURCES IN AN ADJUDICATION.

42-1401C. ROLE OF STATE AGENCIES OTHER THAN THE IDAHO DEPARTMENT OF WATER RESOURCES IN AN ADJUDICATION. (1) Each state agency, and the Idaho water resource board may file a claim and appear separately in any adjudication through the attorney general. This section shall not apply to the Idaho department of water resources.
(2) The attorney general may appear in any adjudication and shall represent the position of the state of Idaho.
History:
[42-1401C, added 1994, ch. 454, sec. 4, p. 1447.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1401D - JURISDICTIONAL LIMITATION.

42-1401D. JURISDICTIONAL LIMITATION. Review of an agency action of the department of water resources, which is subject to judicial review or declaratory judgment under the provisions of chapter 52, title 67, Idaho Code, shall not be heard in any water rights adjudication proceeding commenced under this chapter. Venue and jurisdiction over any such action pending on the effective date of this section, or initiated subsequent thereto, shall be in the district court as authorized under the provisions of section 67-5272, Idaho Code, without regard to any other provision of law.
History:
[42-1401D, added 2001, ch. 31, sec. 2, p. 48.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1402 - DECREED RIGHTS APPURTENANT TO LAND — WATER RIGHTS ESTABLISHED UNDER FEDERAL LAW EXCEPTED.

42-1402. DECREED RIGHTS APPURTENANT TO LAND — WATER RIGHTS ESTABLISHED UNDER FEDERAL LAW EXCEPTED. In allotting the waters of any water system by the district court according to the rights and priorities of those using such waters, such allotment shall be made to the use to which such water is beneficially applied, except where water rights established under federal law are involved, in which case the allotment shall be made in accordance with federal law. The right confirmed by such decree or allotment shall be appurtenant to and shall become a part of the land on which the water is used, and such right will pass with the conveyance of such land, and such decree shall describe the land to which such water shall become so appurtenant. The amount of water so allotted shall never be in excess of the amount actually used for beneficial purposes for which such right is claimed, or in the case of a water right established under federal law, in excess of that amount determined by federal law.
History:
[(42-1402) 1903, p. 223, sec. 38; reen. R.C., sec. 4621; am. 1913, ch. 35, sec. 1, p. 133; C.L., sec. 4621; C.S., sec. 7033; I.C.A., sec. 41-1302; am. 1969, ch. 279, sec. 2, p. 822; am. 1986, ch. 220, sec. 4, p. 561; am. 1994, ch. 454, sec. 5, p. 1447.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1403 - CERTIFIED COPIES OF ALLOTMENTS.

42-1403. CERTIFIED COPIES OF ALLOTMENTS. It shall be the duty of the clerk of the district court in each of the counties of this state to prepare at the expense of the county, and transmit without delay to the department of water resources by express or registered mail, a certified copy of the allotments of the various streams, made by the district court and now on file in the offices of the district court in the various counties of the state: provided, that said clerk may, in place of such transcript, transmit such original records of such decrees as are recorded in books kept for that purpose. Immediately upon receipt of said transcripts or said original records, it shall be the duty of the department to record them in its files, and to classify and arrange said decrees by placing all the rights to water of one stream and its tributaries together, and the department shall send to each watermaster a certified copy of the allotments made by the district court of all the streams within his district. And when an allotment of the waters of a stream shall be made by the district court, the clerk of such district court shall immediately prepare, at the expense of the county, and transmit to the department of water resources, a certified copy of the decree allotting such waters. The director may issue an abstract of decreed water right which shall describe the elements of a water right as contained in the water right decree.
History:
[(42-1403) 1903, p. 223, sec. 39; reen. R.C. & C.L., sec. 4622; C.S., sec. 7034; I.C.A., sec. 41-1303; am. 1994, ch. 454, sec. 6, p. 1447.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1405 - GENERAL ADJUDICATION — PUBLIC INTEREST.

42-1405. GENERAL ADJUDICATION — PUBLIC INTEREST. (1) Five (5) or more or a majority of the users of water from any water system may petition the director to request the attorney general to file an action to commence a general adjudication. If the director deems that the public interest and necessity will be served by a determination of the water rights of that water system, the director shall request the attorney general to file an action to commence the general adjudication.
(2) If the director deems that the public interest and necessity will be served by a determination of the water rights of any water system, the director, upon his own initiative, may request the attorney general to file an action to commence a general adjudication.
History:
[42-1405, as added by 1969, ch. 279, sec. 4, p. 822; am. 1986, ch. 220, sec. 7, p. 565; am. and redesig. 1994, ch. 454, sec. 10, p. 1452.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1406 - GENERAL ADJUDICATION — CONTENTS OF PETITION.

42-1406. GENERAL ADJUDICATION — CONTENTS OF PETITION. (1) A petition for a general adjudication shall contain among other things, the following:
(a) a description of the proposed boundaries of the water system to be adjudicated and administered;
(b) a statement of why the public interest and necessity would be served by a general adjudication;
(c) a list of counties where the water system proposed to be adjudicated and administered is located and a designation of whether all or only a portion of the county is included within the boundaries of the proposed general adjudication;
(d) a description of the general method proposed to ascertain and to serve claimants not disclosed following completion of the service required by paragraphs (a) through (d) of subsection (2) of section 42-1408, Idaho Code; and
(e) a prayer for relief requesting the district court to enter an order that commences the general adjudication.
(2) A petition for entry of an order commencing a general adjudication shall be captioned: "In Re the General Adjudication of Rights to the Use of Water From the ……………. Water System." Such action shall have no other caption.
History:
[(42-1406) 1986, ch. 220, sec. 8, p. 566; am. and redesig. 1994, ch. 454, sec. 12, p. 1453.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1406C - BEAR RIVER WATER RIGHTS ADJUDICATION — COMMENCEMENT.

42-1406C. BEAR RIVER WATER RIGHTS ADJUDICATION — COMMENCEMENT. (1) Effective management of the waters of the Bear River basin requires that a comprehensive determination of the nature, extent, and priority of the rights of all users of surface and ground water be determined. Therefore, the director of the department of water resources is authorized to petition the district court to commence an adjudication within the terms of the McCarran amendment, 43 U.S.C. 666, of the water rights from surface water and ground water sources in the Bear River basin. The petition shall describe the boundaries of the water source(s) to be adjudicated and contain a request that a commencement order be issued only if the court determines it is possible to defer the adjudication of domestic and stock water rights as defined by subsections (4) and (11) of section 42-1401A, Idaho Code, within the terms of the McCarran amendment.
(2) For purposes of adjudicating water rights, the Bear River basin is defined as all waters of the state of Idaho, both ground water and surface water, flowing into or toward the Bear River or flowing toward the Great Salt Lake in the Great Basin.
(3) The adjudication shall be brought before a court of special jurisdiction for water right adjudications. Unless otherwise ordered by the supreme court, special jurisdiction for the general adjudication authorized by this section shall reside in the Snake River Basin Adjudication district court of the fifth judicial district of the state of Idaho, in and for the county of Twin Falls. The clerk of the district court in which the petition is filed shall send to the supreme court a true and certified copy of the petition. The supreme court, by order, shall assign the judge to preside over the general adjudication. Venue of the general adjudication shall be determined by order or rule of the supreme court, and venue of hearings under the general adjudication shall be determined by order of the presiding judge.
(4) Once the district court issues an order that authorizes the director to commence an investigation and determination of the water rights within the boundaries of the adjudication and defines the boundaries of the adjudication, the director of the department of water resources shall proceed in the manner provided under the provisions of chapter 14, title 42, Idaho Code, to the extent not inconsistent with the provisions of this section.
History:
[42-1406C, added 2020, ch. 50, sec. 1, p. 116.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1409A - AMENDMENT OF NOTICE OF CLAIMS — LATE NOTICE OF CLAIMS.

42-1409A. AMENDMENT OF NOTICE OF CLAIMS — LATE NOTICE OF CLAIMS. (1) A claimant may amend a notice of claim or file a late notice of claim at any time prior to the final date for filing notices of claim in the notice of second round service as provided in subsection (4) of section 42-1408, Idaho Code.
(2) A claimant may amend the name and address of a claimant at any time.
(3) A claimant may amend a notice of claim or file a late notice of claim after the final date for filing notices of claims in the notice of second round service for good cause shown to the district court or the director.
(4) No amendments to a notice of claim or late notices of claim shall be allowed except as authorized in subsection (1), (2) or (3) of this section.
History:
[42-1409A, added 1994, ch. 454, sec. 16, p. 1460.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1410 - EXAMINATION OF WATER SYSTEM AND OF CLAIMS.

42-1410. EXAMINATION OF WATER SYSTEM AND OF CLAIMS. (1) Upon entry of the court’s order commencing a general adjudication, or as provided in section 42-1404 or 42-1424, Idaho Code, the director shall commence an examination of the water system, the canals and ditches and other works, and the uses being made of water diverted from the water system for water rights acquired under state law. The examination shall continue in a manner and for such a period of time as the director determines is necessary to evaluate the extent and nature of each water right for which a notice of claim under state law has been filed. The director may conduct any fact-finding hearing necessary for a full and adequate disclosure of the facts.
(2) The director and other employees of the department shall have authority to go upon all lands, both public and private, for the purpose of investigating the uses of water from any water source and may require the cooperation of the claimant in investigating the claimant’s water use. The employee investigating the claimant’s use shall make a reasonable effort to contact the claimant to schedule a date and approximate time for the examination. If the well or diversion works are located in a building other than an unlocked structure used solely for housing the well or other diversion works in which there is no reasonable expectation of privacy, the employee shall only enter the building in the absence of a court order after requesting and receiving the permission of the claimant or other occupant. The director may request the district court to issue an order compelling inspection and subpoenas requiring the attendance of any witness or the production of documents in accordance with the Idaho rules of civil procedure.
(3) Any maps prepared by the director shall be available for inspection at the offices of the department and any other locations the director may designate, for the purpose of assisting any claimant in preparing and filing claims and objections to the director’s report.
History:
[42-1410, added 1986, ch. 220, sec. 12, p. 572; am. 1994, ch. 454, sec. 17, p. 1461.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1413 - FILING OF FINAL DECREE.

42-1413. FILING OF FINAL DECREE. (1) When a decree has become final in an adjudication in which the director filed a report, the director shall file a certified copy of the decree or a transcript thereof in the office of the county recorder of each county in which the place of use or point of diversion of the water rights contained in the decree is located.
(2) Upon entry of a final decree, the director shall administer the water rights by distributing water in accordance with the final decree and with title 42, Idaho Code.
(3) When a decree has become final in an adjudication in which the director has not filed a report, the clerk of the district court in which the decree is entered shall file a certified copy of the decree or a transcript thereof in the office of the county recorder for each county in which the place of use or point of diversion of the water rights decreed is located, and shall send a certified copy of the decree to the director as required in section 42-1403, Idaho Code.
(4) The transcript of decree shall contain the following:
(a) title of the district court;
(b) name of the case;
(c) the case number;
(d) names of each party;
(e) date of entry;
(f) the description of the boundaries of the water system, which is the subject of the general adjudication;
(g) a statement that the decree is entered in the records of the clerk of the district court;
(h) a statement that information as to the rights decreed is available at the offices of the department; and
(i) such other information as may be necessary to assist any person searching the title of a parcel to find the decree.
(5) A decree or transcript recorded pursuant to this section from the time it is filed with the recorder for record, is constructive notice of the contents of the decree within the county in which the decree or transcript is recorded to subsequent purchasers and mortgagees.
(6) Notwithstanding the filing of a certified copy of the decree or a transcript thereof in the office of the county recorder, only the legal description of an irrigation district’s boundaries recorded in compliance with title 43, Idaho Code, shall constitute conclusive proof of the district’s boundaries. The decree shall not be construed to define, limit or otherwise affect the apportionment of benefits to lands within an irrigation district pursuant to chapter 7, title 43, Idaho Code. A notice consistent with this subsection shall be filed with the certified copy of the decree or a transcript thereof.
History:
[42-1413, added 1986, ch. 220, sec. 15, p. 577; am. 1994, ch. 454, sec. 21, p. 1469; am. 2003, ch. 167, sec. 2, p. 475.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1415 - ENFORCEMENT OF FILING FEES.

42-1415. ENFORCEMENT OF FILING FEES. After filing of the director’s report in a general adjudication, the director may prohibit in accordance with chapter 3, title 42, Idaho Code, the diversion and use of water in satisfaction of a right claimed or decreed in the adjudication upon the failure of the claimant to comply with the schedule for payment of variable fees as set forth in subsection (1) of section 42-1414, Idaho Code.
History:
[42-1415, added 1986, ch. 220, sec. 16, p. 578; am. 1994, ch. 454, sec. 23, p. 1470.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1417 - GENERAL ADJUDICATION — INTERIM ADMINISTRATION OF WATER RIGHTS.

42-1417. GENERAL ADJUDICATION — INTERIM ADMINISTRATION OF WATER RIGHTS. (1) The district court may permit the distribution of water pursuant to chapter 6, title 42, Idaho Code:
(a) in accordance with the director’s report or as modified by the court’s order;
(b) in accordance with applicable partial decree(s) for water rights acquired under state law;
(c) in accordance with applicable partial decree(s) for water rights established under federal law.
(2) The district court may enter the order only:
(a) upon a motion by a party;
(b) after notice by the moving party by mail to the director and each claimant of water from the water system or portion thereof that could reasonably be determined to be adversely affected by entry of the order; and
(c) upon a determination by the court, after hearing, that the interim administration of water rights in accordance with the report, or as the report is modified by the court’s order, and in accordance with any partial decree(s), is reasonably necessary to protect senior water rights.
(3) Immediately upon entry of the court’s order of interim administration of water rights, the clerk of the district court shall mail a certified copy of the order to the director, and the director shall immediately give notice of the order to the watermaster of the water districts affected by the order.
(4) After entry of the district court’s order for interim administration, the director may form a water district pursuant to chapter 6, title 42, Idaho Code.
History:
[42-1417, added 1986, ch. 220, sec. 17, p. 578; am. 1987, ch. 158, sec. 2, p. 310; am. 1994, ch. 454, sec. 25, p. 1471.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1418 - APPEALS.

42-1418. APPEALS. An appeal may be taken to the supreme court from an order, partial decree, or decree of the district court in any adjudication proceeding as provided by rule or order of the supreme court.
History:
[42-1418, added 1986, ch. 230, sec. 3, p. 626.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1419 - ENTRY OF AN ORDER COMMENCING A GENERAL ADJUDICATION ON A SPECIAL DOCKET — CONSTRUCTIVE NOTICE — FILING OF CERTIFIED COPY OF ORDER IN OTHER COUNTIES.

42-1419. ENTRY OF AN ORDER COMMENCING A GENERAL ADJUDICATION ON A SPECIAL DOCKET — CONSTRUCTIVE NOTICE — FILING OF CERTIFIED COPY OF ORDER IN OTHER COUNTIES. (1) The clerk of the district court shall enter an order commencing a general adjudication on a special docket for water right adjudications in addition to any other district court record.
(2) From the time of docketing and not before, any order commencing a general adjudication is constructive notice of the contents thereof, within the county in which the order is docketed, to subsequent purchasers and mortgagees.
(3) The director shall file a true and certified copy of any order commencing a general adjudication with the district court for each county of this state where the water system to be adjudicated is located. The clerk of the district court shall file and docket the same as provided in subsection (1) of this section. From the time of such docketing and not before, the order so docketed is constructive notice of the contents thereof within the county in which the order is docketed to subsequent purchasers and mortgagees.
History:
[42-1419, added 1986, ch. 220, sec. 19, p. 579.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1420 - BINDING EFFECT OF DECREE — EXCEPTIONS.

42-1420. BINDING EFFECT OF DECREE — EXCEPTIONS. (1) The decree entered in a general adjudication shall be conclusive as to the nature and extent of all water rights in the adjudicated water system except that the following described water rights shall not be lost by failure to file a notice of claim:
(a) a water right for domestic use or stock watering use, specifically excluded from the general adjudication by court order;
(b) a water right application for permit filed under chapters 2 or 15, title 42, Idaho Code;
(c) a water right permit issued under chapters 2 or 15, title 42, Idaho Code, unless the director required the permit holder to file a notice of claim in accordance with subsection (7) of section 42-1409, Idaho Code;
(d) a water right license issued under chapter 2 or 15, title 42, Idaho Code, if proof of beneficial use had not been filed on the date of commencement of the general adjudication, unless the director required the license holder to file a notice of claim in accordance with subsection (7) of section 42-1409, Idaho Code; and
(e) a claim to a water right established under federal law, if the priority of the right claimed is later than and junior to the date of entry of the order commencing the general adjudication.
(2) The exceptions from the conclusive effect of a decree in a general adjudication stated in subsection (1) above shall not apply to any water right for which a notice of claim or negotiated agreement is filed.
History:
[42-1420, added 1986, ch. 220, sec. 20, p. 580; 1986, ch. 230, sec. 4, p. 626; am. 1994, ch. 454, sec. 26, p. 1472; am. 1996, ch. 186, sec. 5, p. 591.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1421 - PROCEDURES FOR ADJUDICATION OF UNPERFECTED WATER RIGHTS INITIATED UNDER STATE LAW — DIRECTOR’S JURISDICTION.

42-1421. PROCEDURES FOR ADJUDICATION OF UNPERFECTED WATER RIGHTS INITIATED UNDER STATE LAW — DIRECTOR’S JURISDICTION. (1) All persons claiming a water right based on an application or permit on the date of entry of the order commencing a general adjudication are not required to file a notice of claim unless required in accordance with subsection (7) of section 42-1409, Idaho Code. If the director approves the application in whole or in part during the pendency of a general adjudication and prior to filing the director’s report, the director shall notify the permit holder of the pendency of the general adjudication. A permit holder who is not required by the director to file a notice of claim in accordance with subsection (7) of section 42-1409, Idaho Code, may file a notice of claim at any time prior to filing the director’s report.
(2) All persons claiming a water right based on a water right license existing on the date of entry of the order commencing a general adjudication shall file a notice of claim.
(3) The district court shall decree any claimed water right for which proof of beneficial use has not been filed, but shall state that the right is conditioned upon completion of the appropriation in accordance with the laws of the state governing the appropriation of water and that the decreed right shall be subject to the terms of the license to appropriate water that is ultimately issued.
(4) The director retains jurisdiction of all applications, permits and licenses under chapter 2, 3, 6 or 15, title 42, Idaho Code, to take action authorized by the conditions contained in any permit or license or by applicable law and action on any application for transfer under section 42-222, Idaho Code.
(5) The director retains jurisdiction of all decreed water rights under chapters 2, 3 and 6, title 42, Idaho Code, to take action authorized by the conditions of any decree or by applicable law, including action on any application for transfer under section 42-222, Idaho Code.
(6) The director retains jurisdiction of all beneficial use water rights under chapters 2, 3 and 6, title 42, Idaho Code, to take action authorized by applicable law.
History:
[42-1421, added 1986, ch. 220, sec. 21, p. 580; am. 1994, ch. 454, sec. 27, p. 1472; am. 1996, ch. 186, sec. 6, p. 591.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 14 - ADJUDICATION OF WATER RIGHTS › Section 42-1422 - SPECIAL MASTER — APPOINTMENT — POWERS AND DUTIES — COMPENSATION — DISQUALIFICATION — REVIEW OF SPECIAL MASTER’S REPORT.

42-1422. SPECIAL MASTER — APPOINTMENT — POWERS AND DUTIES — COMPENSATION — DISQUALIFICATION — REVIEW OF SPECIAL MASTER’S REPORT. (1) The district court may appoint one (1) or more special masters in any general adjudication.
(2) The district court shall specify the powers and duties of a special master in the order of reference. The compensation and disqualification of a special master shall be governed by order or rule of the supreme court.
(3) Objections to and hearing on the special master’s report shall be governed by rule 53(e) of the Idaho rules of civil procedure.
History:
[42-1422, added 1986, ch. 230, sec. 5, p. 627; am. 1994, ch. 454, sec. 28, p. 1473.]