Idaho Code
Chapter 14 - ADJUDICATION OF WATER RIGHTS
Section 42-1401 - LEGISLATIVE INTENT.

42-1401. LEGISLATIVE INTENT. The legislature finds and declares that the state laws and procedures for the adjudication of rights to the use of water need to be modified:
(1) to provide a statutory procedure for incorporating a negotiated agreement between a federal reserved water right claimant and the state of Idaho into an adjudication;
(2) to provide a more efficient method for adjudications;
(3) to assure that state laws and procedures provide a fair and impartial forum for the adjudication of the rights of all claimants; and
(4) to assure that state laws and procedures are adequate as a matter of federal law to adjudicate all water rights claimed to have been established under federal law and to administer such rights.

History:
[42-1401, added 1986, ch. 220, sec. 2, p. 560; am. 1994, ch. 454, sec. 1, p. 1445.]

Structure Idaho Code

Idaho Code

Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION

Chapter 14 - ADJUDICATION OF WATER RIGHTS

Section 42-1401 - LEGISLATIVE INTENT.

Section 42-1401A - DEFINITIONS.

Section 42-1401B - ROLE OF THE DIRECTOR IN AN ADJUDICATION.

Section 42-1401C - ROLE OF STATE AGENCIES OTHER THAN THE IDAHO DEPARTMENT OF WATER RESOURCES IN AN ADJUDICATION.

Section 42-1401D - JURISDICTIONAL LIMITATION.

Section 42-1402 - DECREED RIGHTS APPURTENANT TO LAND — WATER RIGHTS ESTABLISHED UNDER FEDERAL LAW EXCEPTED.

Section 42-1403 - CERTIFIED COPIES OF ALLOTMENTS.

Section 42-1404 - PRIVATE ACTIONS FOR ADJUDICATION OF WATER RIGHTS.

Section 42-1405 - GENERAL ADJUDICATION — PUBLIC INTEREST.

Section 42-1406 - GENERAL ADJUDICATION — CONTENTS OF PETITION.

Section 42-1406B - NORTHERN IDAHO WATER RIGHTS ADJUDICATIONS — COMMENCEMENT.

Section 42-1406C - BEAR RIVER WATER RIGHTS ADJUDICATION — COMMENCEMENT.

Section 42-1407 - GENERAL ADJUDICATION — VENUE — NOTICE OF FILING — COMMENCEMENT ORDER.

Section 42-1408 - SERVICE OF NOTICE OF ORDER COMMENCING A GENERAL ADJUDICATION.

Section 42-1409 - NOTICE OF CLAIM.

Section 42-1409A - AMENDMENT OF NOTICE OF CLAIMS — LATE NOTICE OF CLAIMS.

Section 42-1410 - EXAMINATION OF WATER SYSTEM AND OF CLAIMS.

Section 42-1411 - REPORT OF THE DIRECTOR.

Section 42-1411A - SERVICE OF NOTICE OF AND DETERMINATION OF WATER RIGHTS ESTABLISHED UNDER FEDERAL LAW.

Section 42-1412 - OBJECTIONS — RESPONSES TO OBJECTIONS — HEARING BEFORE DISTRICT JUDGE — ENTRY OF FINAL DECREE.

Section 42-1413 - FILING OF FINAL DECREE.

Section 42-1414 - FEES FOR FILING NOTICE OF CLAIMS WITH THE DIRECTOR.

Section 42-1415 - ENFORCEMENT OF FILING FEES.

Section 42-1416B - CLAIM FOR EXPANDED USE IN CRITICAL GROUND WATER AREA — DETERMINATION OF WATER AVAILABILITY.

Section 42-1417 - GENERAL ADJUDICATION — INTERIM ADMINISTRATION OF WATER RIGHTS.

Section 42-1418 - APPEALS.

Section 42-1419 - ENTRY OF AN ORDER COMMENCING A GENERAL ADJUDICATION ON A SPECIAL DOCKET — CONSTRUCTIVE NOTICE — FILING OF CERTIFIED COPY OF ORDER IN OTHER COUNTIES.

Section 42-1420 - BINDING EFFECT OF DECREE — EXCEPTIONS.

Section 42-1421 - PROCEDURES FOR ADJUDICATION OF UNPERFECTED WATER RIGHTS INITIATED UNDER STATE LAW — DIRECTOR’S JURISDICTION.

Section 42-1422 - SPECIAL MASTER — APPOINTMENT — POWERS AND DUTIES — COMPENSATION — DISQUALIFICATION — REVIEW OF SPECIAL MASTER’S REPORT.

Section 42-1423 - ATTORNEYS FEES AND COSTS AGAINST THE STATE OF IDAHO, ANY STATE AGENCY OR ANY OFFICER OR EMPLOYEE.

Section 42-1424 - SUMMARY SUPPLEMENTAL ADJUDICATION OF WATER RIGHTS.

Section 42-1425 - ACCOMPLISHED TRANSFERS.

Section 42-1426 - ENLARGEMENTS — WAIVER OF MANDATORY PERMIT REQUIREMENTS.

Section 42-1427 - DESCRIPTIONS OF WATER RIGHTS — REPORTING AND DECREEING ELEMENTS OF A DECREED OR LICENSED WATER RIGHT.

Section 42-1428 - SEVERABILITY.