42-1417. GENERAL ADJUDICATION — INTERIM ADMINISTRATION OF WATER RIGHTS. (1) The district court may permit the distribution of water pursuant to chapter 6, title 42, Idaho Code:
(a) in accordance with the director’s report or as modified by the court’s order;
(b) in accordance with applicable partial decree(s) for water rights acquired under state law;
(c) in accordance with applicable partial decree(s) for water rights established under federal law.
(2) The district court may enter the order only:
(a) upon a motion by a party;
(b) after notice by the moving party by mail to the director and each claimant of water from the water system or portion thereof that could reasonably be determined to be adversely affected by entry of the order; and
(c) upon a determination by the court, after hearing, that the interim administration of water rights in accordance with the report, or as the report is modified by the court’s order, and in accordance with any partial decree(s), is reasonably necessary to protect senior water rights.
(3) Immediately upon entry of the court’s order of interim administration of water rights, the clerk of the district court shall mail a certified copy of the order to the director, and the director shall immediately give notice of the order to the watermaster of the water districts affected by the order.
(4) After entry of the district court’s order for interim administration, the director may form a water district pursuant to chapter 6, title 42, Idaho Code.
History:
[42-1417, added 1986, ch. 220, sec. 17, p. 578; am. 1987, ch. 158, sec. 2, p. 310; am. 1994, ch. 454, sec. 25, p. 1471.]
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.