42-1410. EXAMINATION OF WATER SYSTEM AND OF CLAIMS. (1) Upon entry of the court’s order commencing a general adjudication, or as provided in section 42-1404 or 42-1424, Idaho Code, the director shall commence an examination of the water system, the canals and ditches and other works, and the uses being made of water diverted from the water system for water rights acquired under state law. The examination shall continue in a manner and for such a period of time as the director determines is necessary to evaluate the extent and nature of each water right for which a notice of claim under state law has been filed. The director may conduct any fact-finding hearing necessary for a full and adequate disclosure of the facts.
(2) The director and other employees of the department shall have authority to go upon all lands, both public and private, for the purpose of investigating the uses of water from any water source and may require the cooperation of the claimant in investigating the claimant’s water use. The employee investigating the claimant’s use shall make a reasonable effort to contact the claimant to schedule a date and approximate time for the examination. If the well or diversion works are located in a building other than an unlocked structure used solely for housing the well or other diversion works in which there is no reasonable expectation of privacy, the employee shall only enter the building in the absence of a court order after requesting and receiving the permission of the claimant or other occupant. The director may request the district court to issue an order compelling inspection and subpoenas requiring the attendance of any witness or the production of documents in accordance with the Idaho rules of civil procedure.
(3) Any maps prepared by the director shall be available for inspection at the offices of the department and any other locations the director may designate, for the purpose of assisting any claimant in preparing and filing claims and objections to the director’s report.
History:
[42-1410, added 1986, ch. 220, sec. 12, p. 572; am. 1994, ch. 454, sec. 17, p. 1461.]
Structure 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 42-1401D - JURISDICTIONAL LIMITATION.
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 42-1413 - FILING OF FINAL DECREE.
Section 42-1414 - FEES FOR FILING NOTICE OF CLAIMS WITH THE DIRECTOR.
Section 42-1415 - ENFORCEMENT OF FILING FEES.
Section 42-1417 - GENERAL ADJUDICATION — INTERIM ADMINISTRATION OF WATER RIGHTS.
Section 42-1420 - BINDING EFFECT OF DECREE — EXCEPTIONS.
Section 42-1424 - SUMMARY SUPPLEMENTAL ADJUDICATION OF WATER RIGHTS.
Section 42-1425 - ACCOMPLISHED TRANSFERS.
Section 42-1426 - ENLARGEMENTS — WAIVER OF MANDATORY PERMIT REQUIREMENTS.