Idaho Code
Chapter 14 - ADJUDICATION OF WATER RIGHTS
Section 42-1401A - DEFINITIONS.

42-1401A. DEFINITIONS. The following terms are defined for purposes of this chapter as follows:
(1) "Claimant" means any person asserting ownership of rights to the use of water within the state of Idaho or on whose behalf ownership of rights to the use of water is asserted.
(2) "Department" means the Idaho department of water resources.
(3) "Director" means collectively the director of the Idaho department of water resources and the Idaho department of water resources.
(4) "Domestic use" is defined in section 42-111, Idaho Code.
(5) "General adjudication" means an action both for the judicial determination of the extent and priority of the rights of all persons to use water from any water system within the state of Idaho that is conclusive as to the nature of all rights to the use of water in the adjudicated water system, except as provided in section 42-1420, Idaho Code, and for the administration of those rights.
(6) "Party" means any person who is a claimant or any person who is served or joined.
(7) "Person" means an individual, a partnership, a trust, an estate, a corporation, a municipal corporation, the state of Idaho or any political subdivision, the United States, an Indian tribe, or any other public or private entity, except that "person" does not include the director of the department or the department.
(8) "Private adjudication" means an action commenced in accordance with section 42-1404, Idaho Code, for the judicial determination of both the extent and priority of the rights of named persons to the use of water from any water system within the state of Idaho, for which a general adjudication has not been commenced or completed, that binds only those persons joined in the action and for the administration of such rights.
(9) "Purchaser" means any successor in interest of a claimant, whether the interest is acquired by purchase, gift, inheritance, or other means.
(10) "Supplemental adjudication" means an action commenced in accordance with section 42-1424, Idaho Code, for the judicial determination of both the extent and priority of the rights of a person to the use of water from any water system within the state of Idaho which has been adjudicated in a general adjudication or in a private adjudication.
(11) "Stock watering use" means the use of water solely for livestock or wildlife where the total diversion is not in excess of thirteen thousand (13,000) gallons per day.
(12) "Water system" includes all rivers, streams, lakes, springs, ground waters, or other sources within this state, including any river system or other source, as used in 43 U.S.C. section 666.

History:
[42-1401A, added 1986, ch. 220, sec. 3, p. 560; 1986, ch. 234, sec. 1, p. 645; am. 1990, ch. 319, sec. 6, p. 875; am. 1994, ch. 454, sec. 2, p. 1445; am. 1996, ch. 186, sec. 1, p. 585; am. 1997, ch. 374, sec. 2, p. 1194.]

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.