42-2509. RIGHTS OF LIENHOLDERS PROTECTED. No water right or any portion thereof shall be transferred from one tract of land to another under the provisions of this chapter where there is a valid existing mortgage or other lien or encumbrance on the land to which such water right is appurtenant without the consent of the holder of such mortgage or other lien or encumbrance, which consent shall be evidenced by an instrument in writing executed and acknowledged as other instruments relating to the conveyance of real estate.
History:
[(42-2509) 1917, ch. 159, sec. 10, p. 484; reen. C.L. 130:10; C.S., sec. 3060; I.C.A., sec. 41-2109.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 25 - TRANSFER AND LEASE OF CAREY ACT WATER RIGHTS
Section 42-2501 - RIGHT TO TRANSFER RECOGNIZED.
Section 42-2502 - INSTRUMENT OF CONVEYANCE — EXECUTION — RECORDATION.
Section 42-2503 - CONSENT OF CAREY ACT OPERATING COMPANY TO TRANSFER.
Section 42-2507 - TRANSFER OF STOCK CERTIFICATES EVIDENCING WATER RIGHT.