42-110. RIGHT TO DIVERT WATER. The proprietors of any ditch, canal or conduit, or other works for the diversion and carriage of water, whose right relative to the quantity of water they shall be entitled to divert by means of such works shall have been established by any valid claim, permit, license or decree of court, shall be entitled to such quantity measured at the point of diversion, subject, however, to all prior rights. Water diverted from its source pursuant to a water right is the property of the appropriator while it is lawfully diverted, captured, conveyed, used, or otherwise physically controlled by the appropriator.
History:
[(42-110) 1899, p. 380, sec. 32; reen. R.C. & C.L., sec. 3249; C.S., sec. 5565; I.C.A., sec. 41-110; am. 2004, ch. 191, sec. 1, p. 601.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 1 - APPROPRIATION OF WATER — GENERAL PROVISIONS
Section 42-101 - NATURE OF PROPERTY IN WATER.
Section 42-102 - MEASUREMENT OF WATER.
Section 42-103 - RIGHT ACQUIRED BY APPROPRIATION.
Section 42-104 - APPROPRIATION MUST BE FOR BENEFICIAL PURPOSE.
Section 42-107 - PRIORITY — WASTE, SEEPAGE, AND SPRING WATERS.
Section 42-108B - LEASING OF WATER UNDER ESTABLISHED RIGHTS — NOTICE — APPEAL.
Section 42-109 - CHANGE IN COURSE OF DITCH — WHEN PROHIBITED.
Section 42-110 - RIGHT TO DIVERT WATER.
Section 42-111 - DOMESTIC PURPOSES DEFINED.
Section 42-112 - COMPLETION DEFINED.
Section 42-113 - IN-STREAM AND OTHER WATER USE FOR LIVESTOCK.