Idaho § 42-1421
Full text of Idaho Idaho Statutes § 42-1421, with citation guidance and answers to common questions.
§ 42-1421.
Procedures for adjudication of unperfected water rights initiated under state law - Director’s jurisdiction. (1) All persons claiming a water right based on an application or permit on the date of entry of the order commencing a general adjudication are not required to file a notice of claim unless required in accordance with subsection (7) of section 42-1409 , Idaho Code. If the director approves the application in whole or in part during the pendency of a general adjudication and prior to filing the director’s report, the director shall notify the permit holder of the pendency of the general adjudication. A permit holder who is not required by the director to file a notice of claim in accordance with subsection (7) of section 42-1409 , Idaho Code, may file a notice of claim at any time prior to filing the director’s report.
(2) All persons claiming a water right based on a water right license existing on the date of entry of the order commencing a general adjudication shall file a notice of claim.
(3) The district court shall decree any claimed water right for which proof of beneficial use has not been filed, but shall state that the right is conditioned upon completion of the appropriation in accordance with the laws of the state governing the appropriation of water and that the decreed right shall be subject to the terms of the license to appropriate water that is ultimately issued.
(4) The director retains jurisdiction of all applications, permits and licenses under chapter 2, 3, 6 or 15, title 42 , Idaho Code, to take action authorized by the conditions contained in any permit or license or by applicable law and action on any application for transfer under section 42-222 , Idaho Code.
(5) The director retains jurisdiction of all decreed water rights under chapters 2, 3 and 6, title 42 , Idaho Code, to take action authorized by the conditions of any decree or by applicable law, including action on any application for transfer under section 42-222 , Idaho Code.
(6) The director retains jurisdiction of all beneficial use water rights under chapters 2, 3 and 6, title 42 , Idaho Code, to take action authorized by applicable law.
[42-1421, added 1986, ch. 220, sec. 21, p. 580; am. 1994, ch. 454, sec. 27, p. 1472; am. 1996, ch. 186, sec. 6, p. 591.]
Frequently Asked Questions About Idaho § 42-1421
What does Idaho Statutes § 42-1421 cover?
Section 42-1421 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 § 42-1421?
A common citation format is "Idaho Statutes § 42-1421" (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 § 42-1421 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.