Idaho § 42-3806 - Existing rights unaffected - Where permit not required
Full text of Idaho Idaho Statutes § 42-3806 — Existing rights unaffected - Where permit not required, with citation guidance and answers to common questions.
§ 42-3806. Existing rights unaffected - Where permit not required
This act shall not operate or be so construed as to impair, diminish, control or divest any existing or vested water rights acquired under the laws of the state of Idaho or the United States, nor to interfere with the diversion of water from streams under existing or vested water right or water right permit for irrigation, domestic, commercial or other uses as recognized and provided for by Idaho water laws.
No permit shall be required by the state or any agency or political subdivision thereof, from a water user or his agent to clean, maintain, construct in, or repair any stream channel, diversion structure, canal, ditch, drain or lateral. No permit shall be required by the state or any agency or political subdivision thereof, from a water user or his agent to remove any obstruction from any stream channel, if such obstruction interferes with, or is likely to interfere with, the delivery of, or use of, water under any existing or vested water right, or water right permit.
Nothing in this section shall be construed to affect the provisions of chapter 10, title 46 , Idaho Code, or to exempt a water user or his agent from compliance with any applicable local flood plain ordinance adopted pursuant to section 46-1022 , Idaho Code.
[42-3806, added 1971, ch. 337, sec. 6, p. 1304; am. 2004, ch. 191, sec. 3, p. 602; am. 2011, ch. 261, sec. 1, p. 707.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 42-3806
What does Idaho Statutes § 42-3806 cover?
Section 42-3806 ("Existing rights unaffected - Where permit not required") 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 § 42-3806?
A common citation format is "Idaho Statutes § 42-3806" (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 § 42-3806 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.