Idaho § 42-1402 - Decreed rights appurtenant to land - Water rights established under federal law excepted
Full text of Idaho Idaho Statutes § 42-1402 — Decreed rights appurtenant to land - Water rights established under federal law excepted, with citation guidance and answers to common questions.
§ 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.
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 42-1402
What does Idaho Statutes § 42-1402 cover?
Section 42-1402 ("Decreed rights appurtenant to land - Water rights established under federal law excepted") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 42-1402?
A common citation format is "Idaho Statutes § 42-1402" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 42-1402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.