42-1420. BINDING EFFECT OF DECREE — EXCEPTIONS. (1) The decree entered in a general adjudication shall be conclusive as to the nature and extent of all water rights in the adjudicated water system except that the following described water rights shall not be lost by failure to file a notice of claim:
(a) a water right for domestic use or stock watering use, specifically excluded from the general adjudication by court order;
(b) a water right application for permit filed under chapters 2 or 15, title 42, Idaho Code;
(c) a water right permit issued under chapters 2 or 15, title 42, Idaho Code, unless the director required the permit holder to file a notice of claim in accordance with subsection (7) of section 42-1409, Idaho Code;
(d) a water right license issued under chapter 2 or 15, title 42, Idaho Code, if proof of beneficial use had not been filed on the date of commencement of the general adjudication, unless the director required the license holder to file a notice of claim in accordance with subsection (7) of section 42-1409, Idaho Code; and
(e) a claim to a water right established under federal law, if the priority of the right claimed is later than and junior to the date of entry of the order commencing the general adjudication.
(2) The exceptions from the conclusive effect of a decree in a general adjudication stated in subsection (1) above shall not apply to any water right for which a notice of claim or negotiated agreement is filed.
History:
[42-1420, added 1986, ch. 220, sec. 20, p. 580; 1986, ch. 230, sec. 4, p. 626; am. 1994, ch. 454, sec. 26, p. 1472; am. 1996, ch. 186, sec. 5, p. 591.]
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.