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Home » US Law » 2022 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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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., […]

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 […]

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 […]

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 […]

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 […]