Idaho Code — 42
Browse 854 sections in division 42 of the Idaho code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 42-101. Nature of property in water
- § 42-102. Measurement of water
- § 42-103. Right acquired by appropriation
- § 42-104. Appropriation must be for beneficial purpose
- § 42-105.
- § 42-106. Priority
- § 42-107. Priority - Waste, seepage, and spring waters
- § 42-108.
- § 42-108A.
- § 42-108B. Leasing of water under established rights - Notice - Appeal
- § 42-109. Change in course of ditch - When prohibited
- § 42-110. Right to divert water
- § 42-111. Domestic purposes defined
- § 42-112. Completion defined
- § 42-113. In-stream and other water use for livestock
- § 42-114. Stock watering permit
- § 42-115.
- § 42-201.
- § 42-202.
- § 42-202A. Temporary approval - Application - Criteria - Exceptions
- § 42-202B. Definitions
- § 42-203A. Notice upon receipt of application - Protest - Hearing and findings - Appeals
- § 42-203B.
- § 42-203C. Hydropower water right - Criteria for reallocation - Weight - Burden of proof
- § 42-203D. Review of permits - Opportunity for hearing
- § 42-204. Examination - Permit - Commencement of work - Extensions - Appeal
- § 42-204A. APPROPRIATION OF GROUND WATER FOR SUPPLEMENTAL IRRIGATION USE
- § 42-205. Issuance of permit - Restrictions - Preference
- § 42-206. Residence a requisite for issuance
- § 42-207. Sale, transfer, assignment or mortgage of permit
- § 42-208. Cancellation or revocation for noncompliance
- § 42-209. Effect of illegal transfer
- § 42-210. Application of act
- § 42-211. Amended application or permit - Appeals
- § 42-212. Diversion of private waters
- § 42-213. Diversion of private waters - Applicants must show right of way
- § 42-217. Proof of application to beneficial use
- § 42-217a. Certified water right examiner
- § 42-218. Proof of application to beneficial use - Extension of time
- § 42-218a.
- § 42-219. Issuance of license - Priority
- § 42-220. Effect of license
- § 42-221. Fees of department
- § 42-222.
- § 42-222A. Temporary changes during drought conditions
- § 42-222B. Irrigation Corporation Boundary Adjustments
- § 42-223. Exceptions or defenses to forfeiture
- § 42-224.
- § 42-226. Ground waters are public waters
- § 42-227. Drilling and use of wells for domestic purposes excepted
- § 42-228. Drilling and use of wells for drainage or recovery purposes excepted
- § 42-229. Methods of appropriation
- § 42-230. Definitions
- § 42-231. Duties of the director of the department of water resources
- § 42-233. Low temperature geothermal resource
- § 42-233a.
- § 42-233b. Ground water management area
- § 42-233c. Eastern snake plain aquifer AREA HAVING COMMON GROUND WATER SUPPLY
- § 42-234. Ground water recharge - Authority of department to grant permitS AND LICENSES
- § 42-235. Drilling permits
- § 42-237. Abandonment of water right - Change of point of diversion and place of use
- § 42-237a. Powers of the director of the department of water resources
- § 42-237e. Appeals from actions of the director of the department of water resources
- § 42-237f. Adjudication of water right
- § 42-237h. Duties of the attorney general
- § 42-238.
- § 42-238a. Water administration account
- § 42-239. Interpretation
- § 42-240.
- § 42-241. Purpose
- § 42-242. Definitions
- § 42-243. Filing of claims of rights established by diversion and use - Form and content of claim
- § 42-244. Recording of claims by department - Corrections
- § 42-245. Failure to file claim waives and relinquishes right
- § 42-246. Filing of claim not deemed adjudication of right - Evidence
- § 42-248.
- § 42-250. Water conservation
- § 42-251.
- § 42-252.
- § 42-301. Permits contestable - When and by whom
- § 42-302. Petition for cancellation
- § 42-303. Notice of contest
- § 42-304. Hearing
- § 42-310. Record of cancellation
- § 42-311. Cancellation of permit - Grounds - Hearing - Permittee defined
- § 42-350. Revocation of license - Grounds - Hearing - Licensee defined
- § 42-351. Illegal diversion or use of water - Enforcement procedure - Injunctive relief
- § 42-401. Applications for use of public waters outside the state
- § 42-402. Application and permit
- § 42-403. Proof of completion of works
- § 42-404. License
- § 42-405. Idaho laws controlling
- § 42-406. Rules and regulations
- § 42-407.
- § 42-501.
- § 42-502.
- § 42-504.
- § 42-505.
- § 42-506. SEVERABILITY
- § 42-507. Provisions controlling over other acts
- § 42-602.
- § 42-603. Supervision of water distribution - Rules and regulations
- § 42-604. Creation of water districts
- § 42-605.
- § 42-605A. Nonconsumptive water rights - Assessments - Voting
- § 42-606. Reports of watermasters
- § 42-607. Distribution of water
- § 42-608.
- § 42-609.
- § 42-610. Compensation of watermasters - Allotment and charge against land - Charge against canal
- § 42-612.
- § 42-613.
- § 42-613A.
- § 42-616.
- § 42-619.
- § 42-701.
- § 42-702. Measuring devices above reservoirs
- § 42-703. Measuring devices along streams
- § 42-705.
- § 42-706. Creation of water measurement districts
- § 42-707.
- § 42-708. Reports of district hydrographers
- § 42-709. Measurement of water
- § 42-710.
- § 42-711. Expenses of the district - Approval - Allotment and charge against water user
- § 42-712. Proposed budget for succeeding year
- § 42-713.
- § 42-714. Budget - Collection method - Enforcement
- § 42-715. Duties of the water measurement district treasurer
- § 42-801.
- § 42-802. Conveyance of stored water - Penalty for interference - Duty of special deputy
- § 42-1001. Application to county commissioners
- § 42-1002. Setting date for hearing
- § 42-1003. Service of notice of hearing - Depositions
- § 42-1004. Conduct of hearing - Order - Appeal
- § 42-1005. Matters considered in fixing rate
- § 42-1102. Owners of land - Right to right-of-way
- § 42-1104. Right-of-way over state lands
- § 42-1105. RIGHT-OF-WAY FOR DIVERSION WORKS
- § 42-1106. Right of eminent domain
- § 42-1107. Right of way for drains
- § 42-1201.
- § 42-1202.
- § 42-1203.
- § 42-1204. Easements, rights-of-way, and other real property not subject to adverse possession
- § 42-1205. Encroachments on easements and rights-of-way
- § 42-1210. Injuring ditch or headgate - Triple damages
- § 42-1211. LIABILITY FOR WASTE OF WATER
- § 42-1301.
- § 42-1302.
- § 42-1303. LATERAL MANAGER - duties - ALTERNATE METHODS OF ELECTION OR APPOINTMENT
- § 42-1304. Lateral manager - appointment by water delivery organization
- § 42-1305. Lateral manager - appointment by director of department of water resources
- § 42-1306. LATERALS - REPAIRS, IMPROVEMENTS, AND MAINTENANCE - ASSESSMENT OF COSTS
- § 42-1307. ASSESSMENTS - NOTICE - PENALTIES FOR DELINQUENCY
- § 42-1308. DELINQUENT water USERS NOT ENTITLED TO WATER
- § 42-1309. COLLECTION AND DISBURSEMENT OF FUNDS
- § 42-1310.
- § 42-1311.
- § 42-1312.
- § 42-1313.
- § 42-1314.
- § 42-1315. WATER DELIVERY ORGANIZATIONS TO FURNISH diversion structures and measuring devices
- § 42-1401. Legislative intent
- § 42-1401A. Definitions
- § 42-1401B. Role of the director in an adjudication
- § 42-1401C.
- § 42-1401D. Jurisdictional limitation
- § 42-1402. Decreed rights appurtenant to land - Water rights established under federal law excepted
- § 42-1403. Certified copies of allotments
- § 42-1404. Private actions for adjudication of water rights
- § 42-1405. General adjudication - Public interest
- § 42-1406. General adjudication - Contents of petition
- § 42-1406B. Northern Idaho water rights adjudications - Commencement
- § 42-1406C. BEAR RIVER WATER RIGHTS ADJUDICATION - COMMENCEMENT
- § 42-1406D. KOOTENAI RIVER WATER RIGHTS ADJUDICATION - COMMENCEMENT
- § 42-1407. General adjudication - Venue - Notice of filing - Commencement order
- § 42-1408. Service of notice of order commencing a general adjudication
- § 42-1409. Notice of claim
- § 42-1409A. Amendment of notice of claims - Late notice of claims
- § 42-1410. Examination of water system and of claims
- § 42-1411. Report of the director
- § 42-1411A. Service of notice of and determination of water rights established under federal law
- § 42-1412.
- § 42-1413. Filing of final decree
- § 42-1414. Fees for filing notice of claims with the director
- § 42-1415. Enforcement of filing fees
- § 42-1416B. Claim for expanded use in critical ground water area - Determination of water availability
- § 42-1417. General adjudication - Interim administration of water rights
- § 42-1418. Appeals
- § 42-1419.
- § 42-1420. Binding effect of decree - Exceptions
- § 42-1421.
- § 42-1422.
- § 42-1423.
- § 42-1424. Summary supplemental adjudication of water rights
- § 42-1425. Accomplished transfers
- § 42-1426. Enlargements - Waiver of mandatory permit requirements
- § 42-1427.
- § 42-1428. Severability
- § 42-1430.
- § 42-1501. Legislative purpose - Minimum stream flow declared beneficial use
- § 42-1502. Definitions
- § 42-1503. Application to appropriate - Process - Judicial review
- § 42-1504. Request to file application
- § 42-1505. Priority date - Administration
- § 42-1506. Lemhi river - Minimum stream flow appropriation
- § 42-1506A. LEMHI RIVER - MCFARLAND CAMPGROUND MINIMUM STREAM FLOW APPROPRIATION
- § 42-1506B. BIG TIMBER, BOHANNAN, CANYON, AND HAYDEN - MINIMUM STREAM FLOW APPROPRIATIONS
- § 42-1507. Snake river water rights agreement minimum stream flow water rights established
- § 42-1601.
- § 42-1602. Unnecessary flow unlawful - Use for domestic purposes
- § 42-1603. Application for approval of control device - Approval necessary
- § 42-1604. Artesian well defined
- § 42-1605. Enforcement procedure - Injunctive relief - Criminal penalties
- § 42-1607. Inventory of artesian wells - Plugging wells
- § 42-1701. Creation of department of water resources - Director - Qualifications - Duties
- § 42-1701A. Hearings before director - Appeals
- § 42-1701B. Enforcement procedure - Notice - Consent order - Civil action
- § 42-1701C.
- § 42-1702. Duty to supply information
- § 42-1703. Attorney general to advise director
- § 42-1705. Cooperation with United States geological survey
- § 42-1706. Additional duties of director
- § 42-1709.
- § 42-1710.
- § 42-1711. Definitions
- § 42-1712.
- § 42-1713. Fees
- § 42-1714. Rules
- § 42-1715.
- § 42-1716. Notice of completion - Filing of supplementary drawings or descriptive matter
- § 42-1717.
- § 42-1718. Remedial means for protection of life and property
- § 42-1719. Issuance of certificates of approval - Revocation - Appeal
- § 42-1720. Violations of chapter - Penalties
- § 42-1721.
- § 42-1730. Statement of purpose
- § 42-1731. Definitions
- § 42-1732. Idaho water resource board
- § 42-1733. Organization
- § 42-1734. Powers and duties
- § 42-1734A. Comprehensive state water plan
- § 42-1734B. Board procedures for adopting a comprehensive state water plan
- § 42-1734C. Status of comprehensive state water plan before federal agencies
- § 42-1734D. Designation of interim protected rivers
- § 42-1734E. Remedies
- § 42-1734F. Rights not affected
- § 42-1734G. Water rights
- § 42-1734H. Designation of particular rivers as interim protected rivers
- § 42-1734I. Designation under federal law
- § 42-1735. Appointment of counsel - Hearing officers
- § 42-1736B. Water resource policy actions
- § 42-1737. Board approval - Criteria - Hearings - Appeals - Defining a misdemeanor - Injunctions
- § 42-1738. Vested water rights protected - Policy of project operation after pay-out defined
- § 42-1739. Bond authorization
- § 42-1740. Purposes
- § 42-1741. Form
- § 42-1742. Special funds
- § 42-1743. Covenants
- § 42-1744. Issuance
- § 42-1745. Warrants
- § 42-1746. Funding, refunding bonds
- § 42-1747. Tax exemption
- § 42-1748. Construction of act
- § 42-1749. Compelling issuance
- § 42-1750. Revolving fund - Public policy and purpose
- § 42-1751. Definitions
- § 42-1752. Establishment of Idaho water resource board revolving development fund
- § 42-1753. Source of fund
- § 42-1754. Allocation of fund
- § 42-1755. Projects - Plans and cost estimates - Repayment contracts - Title
- § 42-1756.
- § 42-1757. Members of board - Conflicts of interest
- § 42-1758. Rules and regulations
- § 42-1759. Annual report and financial statement to governor and legislature
- § 42-1760. Water management account
- § 42-1761. Water supply bank created
- § 42-1762. Rules and regulations - Acquisition of water rights
- § 42-1763. Rentals from bank - Approval by director
- § 42-1763B. Interim authority for rental of water to augment flows for listed anadromous fish
- § 42-1764.
- § 42-1765. Local committees - Rental of stored water - Apportionment of rental proceeds
- § 42-1765A. Lemhi river basin - Local rental committee
- § 42-1765B.
- § 42-1766. Appeals procedure for water right holders
- § 42-1767.
- § 42-1775. Declaration of policy and purpose
- § 42-1777. Water resources adjudication fund
- § 42-1778. Water rights enforcement account
- § 42-1779. Statewide comprehensive aquifer planning and management effort
- § 42-1780.
- § 42-1801. Appointment, oath and bond of director of department
- § 42-1801a. Name of department changed
- § 42-1802. Political activity prohibited
- § 42-1803. Removal
- § 42-1804.
- § 42-1805. Additional duties
- § 42-2001. Acceptance of the Carey Act
- § 42-2002. Duties of department