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) […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
42-1404. PRIVATE ACTIONS FOR ADJUDICATION OF WATER RIGHTS. (1) Any claimant may file suit in the district court for the county in which the point of diversion or place of use of the claimed right is located for the purpose of adjudicating rights to the use of water from any water system for which a […]
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 […]
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) […]
42-1406B. NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS — COMMENCEMENT. (1) Effective management of the waters of northern Idaho requires that a comprehensive determination of the nature, extent and priority of the rights of users of surface and ground water be determined. Therefore, the director of the department of water resources is authorized to petition the district […]
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 […]
42-1407. GENERAL ADJUDICATION — VENUE — NOTICE OF FILING — COMMENCEMENT ORDER. (1) A general adjudication shall be brought in any district court in which any part of the water system within the state of Idaho is located. The clerk of the district court in which the petition is filed shall send to the supreme […]
42-1408. SERVICE OF NOTICE OF ORDER COMMENCING A GENERAL ADJUDICATION. (1) Upon entry of a district court’s order commencing a general adjudication, the director shall prepare a notice of order, using plain and concise language, that contains the following information or enclosures: (a) an order commencing a general adjudication has been entered, the date of […]
42-1409. NOTICE OF CLAIM. (1) The director shall prepare and furnish on request a standard notice of claim form. The notice of claim form shall include the following: (a) The name and address of the claimant; (b) The source of water; (c) The quantity of water claimed: (i) The quantity of water claimed to be […]
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, […]
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 […]
42-1411. REPORT OF THE DIRECTOR. (1) The director shall prepare a director’s report on the water system. The director may file the director’s report in parts as the director deems appropriate. The director may include such explanatory material as he deems appropriate in the director’s report. Such explanatory material shall not impose any conditions or […]
42-1411A. SERVICE OF NOTICE OF AND DETERMINATION OF WATER RIGHTS ESTABLISHED UNDER FEDERAL LAW. (1) The district court shall determine the water rights established under federal law in accordance with the procedures established in this section. (2) The district court shall determine the following procedures for water rights established under federal law: (a) The contents […]
42-1412. OBJECTIONS — RESPONSES TO OBJECTIONS — HEARING BEFORE DISTRICT JUDGE — ENTRY OF FINAL DECREE. (1) Any claimant who desires to object to a water right, or to a general provision in the director’s report, shall file an objection with the district court within the time specified in the notice of filing of the […]
