reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 8 - DISTRIBUTION OF STORED WATER › Section 42-801 - CONVEYANCE OF STORED WATER THROUGH NATURAL CHANNEL — APPOINTMENT OF SPECIAL DEPUTY AND ASSISTANTS.

42-801. CONVEYANCE OF STORED WATER THROUGH NATURAL CHANNEL — APPOINTMENT OF SPECIAL DEPUTY AND ASSISTANTS. Whenever the owner of a reservoir shall desire to use the bed of a stream, or a natural water course, for the purpose of carrying stored water, he shall in writing notify the department of water resources, giving the date when it is proposed to discharge the water, its volume in acre feet, and in cubic feet per second at the point of discharge, and the persons and ditches entitled to its use. The department shall then appoint a special deputy, unless a state watermaster has already been appointed to deliver the waters from said stream, in which event the appointed watermaster and his assistants may be instructed to make the delivery of the stored water without further appointment, whose duty it shall be to adjust the headgates of all ditches not entitled to the stored water, and in such manner that those having the right to the use of such water shall secure the volume to which they are entitled. For the purpose of delivering such stored water the deputy appointed by the department of water resources may employ such number of assistants as, with the approval of the department, he may deem necessary. The owner of any reservoir proceeding under the provisions of this section shall pay to the special deputy and to each assistant a salary as determined by the director of the department of water resources, or a salary and expenses as negotiated with the owner of the said stored water and approved by the director of the department of water resources, or pay to the water district, if there is one, a sum based upon the cost of delivering a unit of water. Said charge by the water district will be determined and collected in the same manner as prescribed in chapter 6, title 42, Idaho Code, for compensating the watermaster for delivery of natural flow water.
History:
[(42-801) 1909, p. 150, sec. 1; reen. C.L., sec. 3282h; C.S., sec. 5624; I.C.A., sec. 41-701; am. 1980, ch. 277, sec. 2, p. 721.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 8 - DISTRIBUTION OF STORED WATER › Section 42-802 - CONVEYANCE OF STORED WATER — PENALTY FOR INTERFERENCE — DUTY OF SPECIAL DEPUTY.

42-802. CONVEYANCE OF STORED WATER — PENALTY FOR INTERFERENCE — DUTY OF SPECIAL DEPUTY. After the special deputy and his assistants shall have adjusted the headgates of all ditches, the owners of which are not entitled to the use of such stored water as provided in the preceding section and before such stored water shall have passed the headgates so adjusted, any person who shall raise or tamper with any such headgate in such manner as to misappropriate any portion of such water to his own use and benefit whether he be the owner of such headgate or not, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 together with imprisonment in the county jail for ten (10) days; and not more than $2000 or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment.
Whenever the special deputy or any assistant shall discover any person in the act of committing a misdemeanor declared in this section, he shall arrest such person and turn him over to the sheriff of the county in which the misdemeanor was committed and he shall also file with the county attorney of such county an affidavit setting out the facts with reference to the commission of such misdemeanor.
History:
[(42-802) 1909, p. 150, sec. 2; reen. C.L., sec. 3282i; C.S., sec. 5625; am. 1921, ch. 133, sec. 1, p. 320; I.C.A., sec. 41-702.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-901 - APPOINTMENT OF WATERMASTER — APPOINTMENT BY COURT.

42-901. APPOINTMENT OF WATERMASTER — APPOINTMENT BY COURT. It shall be the duty of those owning or controlling any ditch, canal or lateral to appoint a superintendent or watermaster, whose duty it shall be to measure the water from such ditch, canal or lateral through the outlet of those entitled thereto, according to his or her pro rata share: provided, that any vicinity or neighborhood, the inhabitants of which use the waters of any ditch, canal or lateral for the purpose of irrigation, or have or claim a common right to the waters of any ditch or lateral for such purposes, provided the waters so claimed or used have not been allotted to the individual users thereof, shall constitute a water district.
Any one or more of said joint owners so using the water of any ditch, canal or lateral as aforesaid, when the appointment of a watermaster can not be agreed upon, may petition the judge of the district court in whose district the ditch, canal or lateral may be located for the appointment of a watermaster for said ditch, canal or lateral, and shall set forth in said petition the facts of his or her ownership in said ditch, canal or lateral; the ownership and interest of all other joint owners; the location and length of said ditch, canal or lateral, and requesting said district court to appoint a watermaster to take charge of the same. Upon due notice being given to all of the water users under said ditch, canal or lateral, and after hearing before said court, it shall be the duty of the judge of said district court if he deem it necessary or equitable in order that the rights of all water users under said ditch, canal or lateral may be protected, to appoint a watermaster for the ditch, canal or lateral described in the petition. Said watermaster to receive such compensation as the court in his judgment may deem adequate, and shall be paid in the same manner as is provided for the payment of watermasters under chapter 5 [6] of this title, and shall perform the same duties and have the same power and authority as other watermasters appointed or elected in accordance with the provisions of this code.
History:
[(42-901) 1899, p. 380, sec. 17; reen. R.C., sec. 3284; am. 1909, p. 104, sec. 1; reen. C.L., sec. 3284; C.S., sec. 5626; I.C.A., sec. 41-801.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-902 - INJURING DITCH OR HEADGATE — TRIPLE DAMAGES.

42-902. INJURING DITCH OR HEADGATE — TRIPLE DAMAGES. Any person who, without the consent of the watermaster of the district, diverts any water from the ditch or channel where it was placed, or caused, or left to run by the watermaster or his deputies, or who shuts or opens any ditch, gate or dam with intent so to divert any water, and thereby deprive any person of the use of the same during any part of the time he is entitled to such use, or who, without the consent of the watermaster, cuts any ditch or the banks thereof, or breaks or destroys any gate or flume, is liable in a civil action to any person injured thereby in three times the actual damage sustained in consequence of any such wrongful act or acts.
History:
[(42-902) 1881, p. 275; R.S., sec. 3205; am. R.C. & C.L., sec. 3285; C.S., sec. 5627; I.C.A., sec. 41-802.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-903 - HEADGATES AND MEASURING DEVICES — WATER COMPANIES TO FURNISH.

42-903. HEADGATES AND MEASURING DEVICES — WATER COMPANIES TO FURNISH. Any person, association or corporation delivering or distributing water under any fixed annual charge or rental shall provide the necessary gates and measuring devices to render possible and practicable a measurement of the quantity of water being delivered to any consumer (or number of consumers using a common lateral or distributing ditch); and the price charged for the annual use of the water so distributed shall be in proportion to the quantity of water delivered from the works of such person, association or corporation. Such measuring devices shall be of such a character, and provided with such gauges or scales, that the quantity of water being delivered at any time can be ascertained by inspection; and shall be of such general plan as shall meet with the approval of the department of water resources, which shall inspect any such devices whenever possible to ascertain their character, and the department shall furnish such general information and instructions to any consumer, or the watermaster of any number of consumers of water, as may be necessary to enable him to ascertain the quantity of water flowing through any such measuring device.
History:
[(42-903) 1897, p. 127, sec. 2; compiled R.C. & C.L., sec. 3286; C.S., sec. 5628; I.C.A., sec. 41-803.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-904 - DIVISION OF LAND INTO CLASSES BY PRIORITY.

42-904. DIVISION OF LAND INTO CLASSES BY PRIORITY. When any ditch, canal or reservoir delivering or distributing water to several users has one or more rights or priorities by reason of enlargements made from time to time, the right of the land being irrigated by such works shall be divided into classes; rights of the first class belonging to those lands reclaimed between the dates of the first and second priorities or rights of such works; rights of the second class belonging to those lands reclaimed between the dates of the second and third priorities of such works; rights of any other class being determined in like manner; but all the rights belonging to the same class shall be equal and subject alike to the regulations of their respective class.
History:
[(42-904) 1901, p. 191, sec. 9a; reen. R.C. & C.L., sec. 3287; C.S., sec. 5629; I.C.A., sec. 41-804.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-905 - POINT OF DELIVERY.

42-905. POINT OF DELIVERY. Any person, association or corporation which may contract to deliver a certain quantity of water to any party or parties, shall deliver the same to such party or parties, together with a reasonable and necessary allowance for loss by evaporation and seepage, at some convenient point on the main ditch, canal or reservoir of said person, association or corporation, or on any branch or lateral thereof belonging to the owner or owners of such ditch, canal or reservoir.
History:
[(42-905) 1895, p. 174, part of sec. 17; reen. R.C. & C.L., sec. 3288; C.S., sec. 5630; I.C.A., sec. 41-805.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-906 - AMOUNT AND LIEN OF RENTAL OR MAINTENANCE.

42-906. AMOUNT AND LIEN OF RENTAL OR MAINTENANCE. The amount to be paid by said party or parties for the delivery of said water, which amount may be fixed by contract, or may be as provided by law, is a first lien upon the land for the irrigation of which said water is furnished and delivered. But if the title to said tract of land is in the United States or the state of Idaho, then the said amount shall be a first lien upon any crop or crops which may be raised upon said tract of land, which said lien shall be recorded and collected as provided by law for other liens in this state. And any mortgage or other lien upon such tracts of land that may hereafter be given shall in all cases be subject to the lien for price of water as provided in this section.
History:
[(42-906) 1895, p. 174, part of sec. 17; reen. R.C., sec. 3288; reen. C.L., sec. 3288a; C.S., sec. 5631; I.C.A., sec. 41-806.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-907 - DUTIES OF CONSUMERS — APPOINTMENT OF MANAGER OF DISTRIBUTING LATERAL.

42-907. DUTIES OF CONSUMERS — APPOINTMENT OF MANAGER OF DISTRIBUTING LATERAL. Where two (2) or more parties take water from said ditch, canal or reservoir at the same point, to be conveyed to their respective premises for any distance through the same lateral or distributing ditch, such parties shall, on or before April first of each year, select some person to have charge during the succeeding season of the distribution of water from such lateral, whose duty it shall be to ascertain and see that the amount of water to which each of the parties interested is entitled is properly apportioned and distributed. It shall be his further duty to see that the said person, association or corporation, contracting to furnish such water shall deliver the amount as provided in section 42-905, [Idaho Code,] and in case of dispute between such person and the said person, association or corporation as to the quantity of water to be delivered, or the amount actually delivered, the matter shall be referred to the department of water resources. The parties entitled to said water shall keep their ditches and laterals in good condition for carrying and distributing the same. In case the parties entitled to the use of water as in this section stated shall neglect or refuse to perform the duties imposed upon them by this section, they shall have no cause for damage against the person, association or corporation furnishing said water for failure to properly furnish and distribute the same.
History:
[(42-907) 1895, p. 174, part of sec. 17; reen. R.C., sec. 3288; reen. C.L., sec. 3288b; C.S., sec. 5632; I.C.A., sec. 41-807.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-908 - MANAGER OF DISTRIBUTING LATERAL — ALTERNATIVE METHOD OF SELECTION.

42-908. MANAGER OF DISTRIBUTING LATERAL — ALTERNATIVE METHOD OF SELECTION. Wherever two or more persons take water from any main ditch, canal or reservoir, at the same point, to be conveyed to their respective premises for any distance through the same lateral or distributing ditch, as provided in section 42-905, [Idaho Code,] the person to be selected by such parties on or before April first of each year, as provided in section 42-907, [Idaho Code,] may be selected and appointed by a written instrument designating such person, signed by the majority of such persons so using the said ditch for their said water, and filed with the watermaster or other managing agent or director of such main canal, ditch or reservoir.
History:
[(42-908) 1909, p. 108, sec. 1; reen. C.L., sec. 3288c; C.S., sec. 5633; I.C.A., sec. 41-808.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-909 - MANAGER OF DISTRIBUTING LATERAL — APPOINTMENT BY DISTRICT WATERMASTER — BY DIRECTORS OF IRRIGATION DISTRICT — PAYMENT OF COMPENSATION.

42-909. MANAGER OF DISTRIBUTING LATERAL — APPOINTMENT BY DISTRICT WATERMASTER — BY DIRECTORS OF IRRIGATION DISTRICT — PAYMENT OF COMPENSATION. If two (2) or more parties taking water from any main ditch, canal or reservoir at the same point to be conveyed to their respective premises for any distance, through the same lateral or distributing ditch, do not select a manager for said lateral, as provided in section 42-907[, Idaho Code,] or section 42-908, [Idaho Code,] the watermaster of the water district, shall on the written demand of any one or more of said parties, appoint a manager for said lateral, who shall have and exercise all the powers and perform all of the duties of a manager of the distributing lateral as provided in section 42-910[, Idaho Code]: provided, that if an irrigation district is owner of the main ditch, canal or reservoir, then the board of directors of such district shall, upon such demand, make such appointment.
The compensation of said manager shall be fixed by said watermaster, and shall be paid in the manner provided by section 42-910[, Idaho Code,] for the payment of expenses incurred by him. If not paid, it may be collected, with other damages in the action provided by said section: provided, that if an irrigation district is the owner of the main ditch, canal or reservoir, the board of directors of such district shall fix the compensation of said manager; and at the end of the irrigation season upon the request of such manager the secretary of such district shall prorate the amount of such compensation among the several parties taking water through such lateral, or distributing ditch upon the basis of the number of acres irrigated by each, and mail each a statement of the amount prorated to such party, requesting that remittance be made to such secretary for and on behalf of such manager. In the event such parties or either of them, not later than the date when irrigation district assessments are delinquent, remit to such secretary, he shall, upon receiving same, and without making any entry in his books of account, deliver it to such manager. Should such parties or either of them fail or refuse at such time to remit to said secretary, then such manager may collect as hereinbefore provided.
History:
[(42-909) C.S., sec. 5633-A, as added by 1925, ch. 99, sec. 1, p. 144; am. 1929, ch. 45, sec. 1, p. 57; am. 1931, ch. 62, sec. 1, p. 105; I.C.A., sec. 41-809.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-911 - USERS OF WATER DEFINED.

42-911. USERS OF WATER DEFINED. The term "users of water" from a community ditch shall be understood to include the owner of the land on which the water is used, or any tenant or other person in possession and control of said premises.
History:
[(42-911) 1909, p. 108, sec. 3; reen. C.L., sec. 3288e; C.S., sec. 5635; I.C.A., sec. 41-811.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-912 - COMPANY TO FURNISH WATER ON DEMAND.

42-912. COMPANY TO FURNISH WATER ON DEMAND. Any person, company or corporation owning or controlling any canal or irrigation works for the distribution of water under a sale or rental thereof, shall furnish water to any person or persons owning or controlling any land under such canal or irrigation works for the purpose of irrigating such land or for domestic purposes, upon a proper demand being made and reasonable security being given for the payment thereof: provided, that no person, company or corporation shall contract to deliver more water than such person, company or corporation has a title to, by reason of having complied with the laws in regard to the appropriation of the public waters of this state.
History:
[(42-912) 1899, p. 380, sec. 19; reen. R.C. & C.L., sec. 3289; C.S., sec. 5636; I.C.A., sec. 41-812.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-913 - APPLICATION FOR WATER.

42-913. APPLICATION FOR WATER. Any person or persons owning or controlling land which has or has not been irrigated from any such canal, shall on or before January first of any year, inform the owner or person in control of such canal whether or not he desires the water from said canal for the irrigation of land during the succeeding season, stating also the quantity of water needed. In distributing water from any such canal, ditch or conduit during any season, preference shall be given to those applications for water for land irrigated from said canal the preceding season, and a surplus of water, if any there be, shall be distributed to the lands in the numerical order of the applications for it. But no demand for the purchase of a so called perpetual water right, or any contract fixing the annual charges or the quantity of water to be used per acre, shall be imposed as a condition precedent to the delivery of water annually as provided in this chapter; but the consumer of water shall be the judge of the amount and the duty of the water required for the irrigation of his land; and the annual charges to be made and to be fixed under the further provisions of this title, shall hereafter be based upon the quantity of water delivered to consumers, and shall not in any case depend upon the number of acres irrigated by means of such amount of water delivered.
History:
[(42-913) 1899, p. 380, sec. 20; reen. R.C. & C.L., sec. 3290; C.S., sec. 5637; I.C.A., sec. 41-813.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-914 - SALE OR RENTAL CONSTITUTES A DEDICATION — DOMESTIC PURPOSES CONSTRUED — LIABILITY FOR VIOLATION.

42-914. SALE OR RENTAL CONSTITUTES A DEDICATION — DOMESTIC PURPOSES CONSTRUED — LIABILITY FOR VIOLATION. Whenever any waters have been or shall be appropriated or used for agricultural or domestic purposes under a sale, rental or distribution thereof, such sale, rental or distribution shall be deemed an exclusive dedication to such use upon the tract of land for which such appropriation or use has been secured, and, whenever such waters so dedicated shall have once been sold, rented or distributed to any person who has settled upon or improved land for agricultural purposes with the view of receiving the benefit of such water under such dedication, such person, his heirs, executors, administrators, successors or assigns, shall not thereafter be deprived of the annual use of the same when needed for agricultural or domestic purposes upon the tract of land for which such appropriation or use has been secured, or to irrigate the land so settled upon or improved, upon payment therefor, and compliance with such equitable terms and conditions as to the quantity used and times of use as may be prescribed by law. "Domestic purposes" shall not be construed to include any manner of land irrigation. Any person, association or corporation violating any of the provisions of this section, shall be liable for all damage to any party or parties injured thereby, which damage shall be determined by the proper court.
History:
[(42-914) 1895, p. 174, sec. 14; reen. R.C. & C.L., sec. 3291; C.S., sec. 5638; I.C.A., sec. 41-814.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-915 - CONSUMER’S TITLE NOT AFFECTED BY TRANSFER OF DITCH.

42-915. CONSUMER’S TITLE NOT AFFECTED BY TRANSFER OF DITCH. When any payment is made under the terms of a contract, by means of which payment a perpetual right to the use of water necessary to irrigate a certain tract of land is secured, said water right shall forever remain a part of said tract of land, and the title to the use of said water can never be affected in any way by any subsequent transfer of the canal or ditch property or by any foreclosure or any bond, mortgage or other lien thereon; but the owner of said tract of land, his heirs or assigns, shall forever be entitled to the use of the water necessary to properly irrigate the same, by complying with such reasonable regulations as may be agreed upon, or as may from time to time be imposed by law. And said payment for said water right shall be a release of any bond or mortgage upon the canal property of the person or company from whom such right is purchased or their successors or assigns, to the amount of such water right thus purchased and paid for, and said person or company from whom such water right is purchased shall furnish to the party or parties purchasing such right a release, or a good and sufficient bond for a release, from said mortgage or bonded indebtedness to the amount of the water right thus purchased.
History:
[(42-915) 1895, p. 174, sec. 16; reen. R.C. & C.L., sec. 3292; C.S.., sec. 5639; I.C.A., sec. 41-815.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS › Section 42-916 - LIABILITY FOR WASTE OF WATER.

42-916. LIABILITY FOR WASTE OF WATER. No person entitled to the use of water from any such ditch or canal, must, under any circumstances, use more water than good husbandry requires for the crop or crops that he cultivates; and any person using an excess of water, is liable to the owner of such ditch or canal for the value of such excess; and in addition thereto, is liable for all damages sustained by any other person, who would have been entitled to the use of such excess water, as fixed by this section.
History:
[(42-916) 1881, p. 273; R.S., sec. 3190; reen. R.C. & C.L., sec. 3293; C.S., sec. 5640; I.C.A., sec. 41-816.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 10 - FIXING WATER RATES › Section 42-1001 - APPLICATION TO COUNTY COMMISSIONERS.

42-1001. APPLICATION TO COUNTY COMMISSIONERS. The county commissioners of each county now organized, and of each county to be hereafter organized in this state, shall, at their regular session in January of each year and at such other sessions as they in their discretion may deem proper, hear and consider all applications which may be made to them by any party or parties interested in either furnishing or delivering for compensation, or by any person or persons using or consuming, water for irrigation or other beneficial purpose or purposes from any ditch, canal or conduit, the whole or any part of which shall be in such county, which application shall be supported by such affidavit as the applicant or applicants may present, showing reasonable cause for such board of county commissioners to proceed to fix a maximum rate of compensation for water thereafter delivered from such ditch, canal or conduit within such county: provided, that when any ditch, canal or conduit shall extend into two (2) or more counties, the county commissioners of each of such counties shall fix the maximum rate for water used in that county.
History:
[(42-1001) 1899, p. 380, sec. 26; reen. R.C. & C.L., sec. 3294; C.S., sec. 5641; I.C.A., sec. 41-901.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 10 - FIXING WATER RATES › Section 42-1002 - SETTING DATE FOR HEARING.

42-1002. SETTING DATE FOR HEARING. Every such board of county commissioners shall, upon examination of such affidavit or affidavits, or from the oaths of witnesses thereto, if they find that the facts sworn to show the application to be in good faith, and that there are reasonable grounds to believe that unjust rates of compensation are, or are likely to be, charged or demanded for water from such ditch, canal, or conduit, enter an order fixing a day not sooner than ten (10) days thereafter, nor later than twenty (20) days (a special meeting may be called for that purpose), when they will hear all parties interested in such water-works aforesaid, or in procuring water therefrom, for any of the said purposes as well as all documentary or oral evidence or depositions taken according to law, touching said ditch or other water-works aforesaid, and the cost of furnishing water therefrom.
History:
[(42-1002) 1899, p. 380, sec. 27; reen. R.C. & C.L., sec. 3295; C.S., sec. 5642; I.C.A., sec. 41-902.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 10 - FIXING WATER RATES › Section 42-1003 - SERVICE OF NOTICE OF HEARING — DEPOSITIONS.

42-1003. SERVICE OF NOTICE OF HEARING — DEPOSITIONS. At the time so fixed all persons interested as aforesaid, on either side of the controversy, in lands which may be irrigated by such ditch or other water-works aforesaid, may appear by themselves or by their agents or attorneys, and said commissioners shall then proceed to take action in the matter of fixing such rates of compensation for the delivery of water: provided, the applicant or applicants, if the application be made by a party or parties as aforesaid desirous of procuring water, shall, within ten (10) days from the time of entering the said order fixing the hearing, cause a copy of such order, duly certified, to be delivered to the owner or owners of such ditch, canal or conduit or to the president, secretary, or agent of the company, if it be owned by a corporation or association having such officers; if any such owner cannot be found, a copy shall be left at the usual place of business of the company of which he is such officer, or at his residence if such company have [has] no place of business. And if such ditch or water-works aforesaid shall be owned by several owners, not being an incorporated company, it shall be sufficient to serve such notice by delivering a copy to a majority of them. If the applicant be the owner or party controlling such ditch, canal or conduit, such notice shall be given by causing printed copies of such order in handbill form, in conspicuous type, to be posted securely in ten (10) or more places throughout the county and section watered by such ditch or other water-works aforesaid, if the water be used for irrigation. The person or persons making such services or posting such printed copies shall make affidavit of the manner in which the same has been done, which affidavit shall be filed with the board of county commissioners. Depositions mentioned in the preceding section to be used before said commissioners shall be taken by any officer in the state authorized by law to take depositions, upon reasonable notice being given to the opposite party of the time and place of taking the same.
History:
[(42-1003) 1899, p. 380, sec. 28; reen. R.C. & C.L., sec. 3296; C.S., sec. 5643; I.C.A., sec. 41-903]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 10 - FIXING WATER RATES › Section 42-1004 - CONDUCT OF HEARING — ORDER — APPEAL.

42-1004. CONDUCT OF HEARING — ORDER — APPEAL. Said board of commissioners may adjourn or postpone any hearing from time to time as may be found necessary; but when in session they shall hear and examine all legal testimony or proofs offered by any party interested as aforesaid, as well as concerning the original cost and present value of the works and structure of such ditch, canal or conduit, as well as the cost and expense of maintaining and operating the same, and all matters which may affect the establishment of reasonable maximum rates for water to be furnished and delivered therefrom, and they may issue subpoenas for witnesses, which subpoenas shall be served in the same manner in which subpoenas are served in civil cases; and said board may also issue subpoenas for the production of all books and papers required before them. The district court of the proper county, or the judge thereof in vacation, may, in case of refusal to obey the subpoenas of the board of county commissioners, compel obedience thereto, or punish for refusal to obey after hearing as in cases of attachment for contempt of such district court. Upon hearing and considering all the evidence and facts and matters involved in the case, said board of county commissioners shall enter an order describing the ditch, canal or conduit, or other water-works in question, with sufficient certainty, and fixing a just and reasonable maximum rate of compensation for water thereafter delivered from such ditch or other water-works as last aforesaid, within the county in which such commissioners act; and such rate shall not be changed within one (1) year from the time when such rate shall be so fixed: provided, that an appeal may be taken to the district court from any act, order or proceeding of the board by any person or corporation aggrieved thereby, as in other cases under the general statute of the state of Idaho, governing appeals from an order or proceeding of the board of county commissioners.
History:
[(42-1004) 1899, p. 380, sec. 29; am. 1905, p. 3, sec. 1; reen. R.C. & C.L., sec. 3297; C.S., sec. 5644; I.C.A., sec. 41-904.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 10 - FIXING WATER RATES › Section 42-1005 - MATTERS CONSIDERED IN FIXING RATE.

42-1005. MATTERS CONSIDERED IN FIXING RATE. In fixing the rates at which water shall be furnished, the board of commissioners shall take into consideration the cost of the works, the expense of keeping the same in repair, and all other conditions that affect the cost of delivering the same. Whenever it shall appear to the board of county commissioners from competent evidence that any consumer or consumers of water distributed through any ditch or canal, is entitled to the distribution or use of any water therefrom, at not to exceed a proportionate amount of the actual cost of maintenance and operation of said ditch or canal, they shall, upon request of such person or persons so entitled, fix the rate per cubic foot per second to be charged to such consumer or consumers for the current year.
History:
[(42-1005) 1899, p. 380, sec. 30; reen. R.C. & C.L., sec. 3298; C.S., sec. 5645; I.C.A., sec. 41-905.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 11 - RIGHTS OF WAY › Section 42-1103 - OWNERS OF SPRINGS AND STREAMS — RIGHT TO RIGHT OF WAY.

42-1103. OWNERS OF SPRINGS AND STREAMS — RIGHT TO RIGHT OF WAY. Where the owners of any spring, or the appropriators thereof, or of any stream, desire to conduct the waters thereof to any lands for the purposes of irrigation, or to any city or town for the use of the inhabitants thereof, or to any factory, or to any distant place, with the intent to apply the same to a beneficial use, and to accomplish such object it is necessary to cross with ditches, flumes or other conduit, the lands owned or occupied by others than the owners or appropriators of such spring or stream, the right of way over and across the lands of others for conducting said water may be acquired in the manner above provided.
History:
[(42-1103) 1881, p. 271; R.S., sec. 3185; reen. R.C. & C.L., sec. 3301; C.S., sec. 5648; I.C.A., sec. 41-1003.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 11 - RIGHTS OF WAY › Section 42-1104 - RIGHT OF WAY OVER STATE LANDS.

42-1104. RIGHT OF WAY OVER STATE LANDS. The right of way over and upon any and all lands owned or controlled by the state of Idaho is hereby granted to any and all persons for the purpose of constructing and maintaining any ditch, canal, conduit or other works for the diversion or carrying of water for any beneficial use: provided, that no property shall be taken under the provisions of this section until a just compensation shall be paid therefor, to be ascertained in the manner prescribed by law for the taking of private property for a public use.
History:
[(42-1104) 1899, p. 380, sec. 13; reen. R.C. & C.L., sec. 3302; C.S., sec. 5649; I.C.A., sec. 41-1004.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 11 - RIGHTS OF WAY › Section 42-1105 - RIGHT OF WAY FOR RIPARIAN PROPRIETORS.

42-1105. RIGHT OF WAY FOR RIPARIAN PROPRIETORS. All persons, companies and corporations owning or having the possessory title or right to lands adjacent to any stream, have the right to place in the channel or upon the banks or margin of the same, rams or other machines for the purpose of raising the waters thereof to a level above the banks, requisite for the flow thereof to and upon such adjacent lands; and the right of way over and across the lands of others, for conducting said waters, may be acquired in the manner prescribed in the following section.
History:
[(42-1105) 1881, p. 271; R.S., sec. 3184; am. R.C. & C.L., sec. 3303; C.S., sec. 5650; I.C.A., sec. 41-1005.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 11 - RIGHTS OF WAY › Section 42-1106 - RIGHT OF EMINENT DOMAIN.

42-1106. RIGHT OF EMINENT DOMAIN. In case of the refusal of the owners or claimants of any lands, through which any ditch, canal or conduit is proposed to be made or constructed, to allow passage thereof, the person or persons desiring the right of way may proceed as in the law of eminent domain.
History:
[(42-1106) 1899, p. 380, sec. 14; reen. R.C. & C.L., sec. 3304; C.S., sec. 5651; I.C.A., sec. 41-1006.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 11 - RIGHTS OF WAY › Section 42-1107 - RIGHT OF WAY FOR DRAINS.

42-1107. RIGHT OF WAY FOR DRAINS. Whenever the owner or owners of any parcel or parcels of land desire to construct a drain for the purpose of carrying off surplus water, and they cannot agree among themselves or with the parties who own land below through which it is expedient to carry the drain in order to reach a natural waterway, then proceedings may be had in the same manner as in cases of eminent domain affecting irrigating works of diversion, and the right of way for such drains shall be regarded as equal to that of irrigation canals.
History:
[(42-1107) 1911, ch. 125, sec. 1, p. 413; reen. C.L., sec. 3304a; C.S., sec. 5652; I.C.A., sec. 41-1007.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 11 - RIGHTS OF WAY › Section 42-1108 - RIGHT TO CROSS DITCHES.

42-1108. RIGHT TO CROSS DITCHES. Any person, company or corporation, owners of any ditch, flume or other conduit, can not lawfully deny to any other person, company or corporation the right to cross their right of way with another ditch, flume or conduit either upon a higher or lower level, where the same can be done in a convenient and safe manner: provided, that such second person, company or corporation shall be liable for all damages that may accrue from the construction of such ditch, flume or other conduit across the conduit of another.
History:
[(42-1108) 1899, p. 380, last half of sec. 10; am. R.C. & C.L., sec. 3305; C.S., sec. 5653; I.C.A., sec. 41-1008.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 12 - MAINTENANCE AND REPAIR OF DITCHES › Section 42-1201 - DITCHES TO BE KEPT FULL.

42-1201. DITCHES TO BE KEPT FULL. Every person, company or corporation owning or controlling any ditch, canal or conduit for the purpose of irrigation shall, during the time from April first to the first day of November of each year, keep a flow of water therein sufficient to the requirements of such persons as are properly entitled to the use of water therefrom: provided, however, that when the public streams or other natural water sources from which the water is obtained is [are] too low and inadequate for that purpose, or when the board of directors or governing body of an organization or entity furnishing water deem it in the best interests of that organization or entity to adjust the dates of availability and provide for termination of irrigation water, then such ditch, canal or conduit shall be kept with as full a flow of water therein as may be practicable, subject, however, to the rights of priority from the streams or other natural sources as provided by law.
History:
[(42-1201) 1899, p. 380, sec. 15; reen. R.C. & C.L., sec. 3306; C.S., sec. 5654; I.C.A., sec. 41-1101; am. 1989, ch. 236, sec. 1, p. 573.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 12 - MAINTENANCE AND REPAIR OF DITCHES › Section 42-1202 - MAINTENANCE OF DITCH.

42-1202. MAINTENANCE OF DITCH. The owners or persons in control of any ditch, canal or conduit used for irrigating purposes shall maintain the same in good order and repair, ready to deliver water by the first of April in each year, and shall construct the necessary outlets in the banks of the ditches, canals or conduits for a proper delivery of water to persons having rights to the use of the water.
History:
[(42-1202) 1899, p. 380, sec. 16; reen. R.C. & C.L., sec. 3307; C.S., sec. 5655; I.C.A., sec. 41-1102.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 12 - MAINTENANCE AND REPAIR OF DITCHES › Section 42-1203 - MAINTENANCE OF EMBANKMENTS.

42-1203. MAINTENANCE OF EMBANKMENTS. The owner, owners, and operators of any irrigating ditch, canal or conduit shall carefully keep and maintain the embankments thereof in good repair, in order to prevent the water from wasting during the irrigation season, and shall not at any time permit a greater quantity of water to be turned into said ditch, canal or conduit than the banks thereof will easily contain or than can be used for beneficial or useful purposes; it being the meaning of this section to prevent the wasting and useless discharge and running away of water. The duties referenced in this section, whether statutory or common law, require reasonable care only, and shall not be construed to impose strict liability or to otherwise enlarge the liability of the owner, owners, or operators of any irrigating ditch, canal or conduit. The owners, constructors, or operators of such ditches, canals, works or other aqueducts, while responsible for their own acts or omissions, shall not be liable for damage or injury caused by: (1) The diversion or discharge of water into a ditch, canal or conduit by a third party without the permission of the owner, owners, or operators of the ditch, canal or conduit; (2) Any other act or omission of a third party, other than an employee or agent of the owner, owners, or operators of the ditch, canal or conduit; or (3) An act of God, including fire, earthquake, storm or similar natural phenomenon. The provisions of this section shall not be construed to impair any defense that an owner, constructor, or operator of a ditch, canal, works or other aqueduct may assert in a civil action.
History:
[(42-1203) 1899, p. 380, sec. 22; reen. R.C. & C.L., sec. 3308; C.S., sec. 5656; I.C.A., sec. 41-1103; am. 2012, ch. 274, sec. 1, p. 772; am. 2019, ch. 158, sec. 2, p. 512.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 12 - MAINTENANCE AND REPAIR OF DITCHES › Section 42-1205 - BRIDGES OVER DITCHES.

42-1205. BRIDGES OVER DITCHES. All owners of any ditch, canal or conduit, or any other means for conveying water, shall build substantial bridges not less than sixteen (16) feet wide, and with boards not less than two (2) inches in thickness (unless the same shall be on a county or state road, when such boards shall not be less than three (3) inches thick), at all places where any county or state road crosses the same, or any road kept open and used by any neighborhood of people for their benefit and convenience. In case of neglect or refusal of such owners to build such bridges as above required, after a notice of ten (10) days being given by the said board of county commissioners of the proper county, said board shall proceed to the construction of the same, and shall collect the cost thereof together with the costs of suit: provided, that after any bridge shall have been constructed across any ditch, canal or conduit on any county or state road in accordance with the provisions of this section, it shall thereafter be maintained at the public expense.
History:
[(42-1205) 1899, p. 380, sec. 25; reen. R.C., sec. 3310; compiled and reen. C.L., sec. 3310; C.S., sec. 5658; I.C.A., sec. 41-1105.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 12 - MAINTENANCE AND REPAIR OF DITCHES › Section 42-1206 - REPAIR OF COMMUNITY DITCHES.

42-1206. REPAIR OF COMMUNITY DITCHES. Where a ditch is common property, or there is a common right to the use of the water of a ditch without payment therefor, and any labor or materials are necessary for the repair or cleaning of the ditch, or any gate or flume thereon or thereunto belonging, the watermaster of the district may make a fair pro rata assessment of labor or materials against the inhabitants of the district claiming the use of such water, according to the benefits received by each; and if any person so assessed neglects or refuses, for the period of three (3) days after notice so to do from the watermaster or his deputy, to furnish his just proportion of the necessary labor or materials, according to such assessment, he must pay his pro rata in cash, to be recovered, with costs, in an action by the watermaster in his own name.
History:
[(42-1206) 1881, p. 275; R.S., sec. 3203; reen. R.C. & C.L., sec. 3311; C.S., sec. 5659; I.C.A., sec. 41-1106.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 12 - MAINTENANCE AND REPAIR OF DITCHES › Section 42-1208 - EASEMENTS, RIGHTS-OF-WAY, AND OTHER REAL PROPERTY NOT SUBJECT TO ADVERSE POSSESSION.

42-1208. EASEMENTS, RIGHTS-OF-WAY, AND OTHER REAL PROPERTY NOT SUBJECT TO ADVERSE POSSESSION. The easements, rights-of-way, or real property owned by irrigation districts, Carey act operating companies, nonprofit irrigation entities, lateral ditch associations, and drainage districts are not subject to adverse possession. No person shall prevent free access of authorized personnel on such easements, rights-of-way, or other real property, or construct any obstruction on such easements, rights-of-way, or other real property in an effort to adversely possess said easement, right-of-way, or other real property.
History:
[42-1208, added 1981, ch. 344, sec. 1, p. 714; am. 2004, ch. 179, sec. 2, p. 563; am. 2021, ch. 112, sec. 1, p. 354.]
2023 Idaho Code › Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION › Chapter 12 - MAINTENANCE AND REPAIR OF DITCHES › Section 42-1209 - ENCROACHMENTS ON EASEMENTS AND RIGHTS-OF-WAY.

42-1209. ENCROACHMENTS ON EASEMENTS AND RIGHTS-OF-WAY. Easements or rights-of-way operated, maintained, controlled or owned by irrigation districts, Carey act operating companies, nonprofit irrigation entities, lateral ditch associations, and drainage districts are essential for the operations of such irrigation and drainage entities. Accordingly, no person or entity shall cause or permit any encroachments onto the easements or rights-of-way, including any public or private roads, utilities, fences, gates, pipelines, structures, landscaping, trees, vegetation, or other construction or placement of objects, without the written permission of the irrigation district, Carey act operating company, nonprofit irrigation entity, lateral ditch association, or drainage district owning, operating, maintaining, or controlling the easement or right-of-way, in order to ensure that any such encroachments will not unreasonably or materially interfere with the use and enjoyment of the easement or right-of-way. Encroachments of any kind placed in such easement or right-of-way, without such express written permission, shall be removed at the expense of the person or entity causing or permitting such encroachments, upon the request of the persons operating, maintaining, or controlling the easement or right-of-way or the owner of the easement or right-of-way, in the event that any such encroachments unreasonably or materially interfere with the use and enjoyment of the easement or right-of-way. Nothing in this section shall in any way affect the exercise of the right of eminent domain for the public purposes set forth in section 7-701, Idaho Code.
History:
[42-1209, added 2004, ch. 179, sec. 3, p. 563; am. 2019, ch. 158, sec. 5, p. 514; am. 2019, ch. 183, sec. 3, p. 592.]