Idaho § 42-351 - Illegal diversion or use of water - Enforcement procedure - Injunctive relief
Full text of Idaho Idaho Statutes § 42-351 — Illegal diversion or use of water - Enforcement procedure - Injunctive relief, with citation guidance and answers to common questions.
§ 42-351. Illegal diversion or use of water - Enforcement procedure - Injunctive relief
(1) It is unlawful for any person to divert or use water:
(a) From a natural watercourse or from a ground water source without having obtained a valid water right to do so;
(b) Not in conformance with a valid water right; or
(c) In substantial violation of any provision of this title, or any rule, permit, condition of approval, or order issued or promulgated pursuant to this title that is related to the diversion or use of water.
(2) Upon investigation of available information, the director of the department of water resources shall have the discretion to:
(a) Issue a written notice of violation to the person in accordance with the provisions of section 42-1701B , Idaho Code, for the illegal diversion or use of water; or
(b) Proceed with enforcement actions pursuant to section 42-1701C , Idaho Code, in cases of diversions for domestic purposes or uses as defined in section 42-111 , Idaho Code; and
(3) Notwithstanding the provisions of subsection (2) of this section, the director may also file an action seeking injunctive relief directing the person to cease and desist the activity or activities alleged to be in violation of applicable law or any existing water right.
[42-351, added 1986, ch. 313, sec. 8, p. 774; am. 1988, ch. 83, sec. 3, p. 145; am. 1994, ch. 450, sec. 5, p. 1438; am. 1998, ch. 173, sec. 4, p. 602; am. 2003, ch. 165, sec. 1, p. 467; am. 2025, ch. 129, sec. 3, p. 665.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 42-351
What does Idaho Statutes § 42-351 cover?
Section 42-351 ("Illegal diversion or use of water - Enforcement procedure - Injunctive relief") 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 § 42-351?
A common citation format is "Idaho Statutes § 42-351" (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 § 42-351 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.