Idaho Code
Chapter 14 - ADJUDICATION OF WATER RIGHTS
Section 42-1423 - ATTORNEYS FEES AND COSTS AGAINST THE STATE OF IDAHO, ANY STATE AGENCY OR ANY OFFICER OR EMPLOYEE.

42-1423. ATTORNEYS FEES AND COSTS AGAINST THE STATE OF IDAHO, ANY STATE AGENCY OR ANY OFFICER OR EMPLOYEE. No judgment for costs or award of attorneys fees against the state of Idaho, any state agency, or any officer or employee of the state of Idaho shall be allowed in any water rights adjudication proceeding pursuant to this chapter. The state of Idaho expressly refuses to waive its sovereign immunity to the imposition of any judgment for costs or award of attorney fees. The state of Idaho, state administrative agency, or any officer or employee shall not be required to pay any fees other than those provided in section 42-1414, Idaho Code, for appearing in a proceeding brought under this chapter or any appeal of a matter arising from such proceeding.

History:
[42-1423, added 1994, ch. 454, sec. 30, p. 1473.]

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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.