Idaho Statutes
§ 42-1401 — LEGISLATIVE INTENT
Idaho·Title 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION·Ch. 14 ADJUDICATION OF WATER RIGHTS
The legislature finds and declares that the state laws and procedures for the adjudication of rights to the use of water need to be modified:
(1)to provide a statutory procedure for incorporating a negotiated agreement between a federal reserved water right claimant and the state of Idaho into an adjudication;
(2)to provide a more efficient method for adjudications;
(3)to assure that state laws and procedures provide a fair and impartial forum for the adjudication of the rights of all claimants; and
(4)to assure that state laws and procedures are adequate as a matter of federal law to adjudicate all water rights claimed to have been established under federal law and to administer such rights.
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Related
Baker v. Ore-Ida Foods, Inc.
513 P.2d 627 (Idaho Supreme Court, 1973)
R.T. Nahas Co. v. Hulet
674 P.2d 1036 (Idaho Court of Appeals, 1983)
Idaho Ground Water Appropriators v. Dept of Water Resources (42775) and City of Pocatello v. Rangen, Inc. (42836)
369 P.3d 897 (Idaho Supreme Court, 2016)
Walker v. Big Lost River Irrigation District
856 P.2d 868 (Idaho Supreme Court, 1993)
Devil Creek Ranch, Inc. v. Cedar Mesa Reservoir & Canal Co.
879 P.2d 1135 (Idaho Supreme Court, 1994)
Garner v. Sanders
(D. Idaho, 2022)
Holden v. Weece (In Re SRBA Case No. 39576 Subcase No. 61-12301)
414 P.3d 215 (Idaho Supreme Court, 2018)
Legislative History
[42-1401, added 1986, ch. 220, sec. 2, p. 560; am. 1994, ch. 454, sec. 1, p. 1445.]
Nearby Sections
15
§ 42-1001
APPLICATION TO COUNTY COMMISSIONERS§ 42-1002
SETTING DATE FOR HEARING§ 42-1004
CONDUCT OF HEARING — ORDER — APPEAL§ 42-1005
MATTERS CONSIDERED IN FIXING RATE§ 42-101
NATURE OF PROPERTY IN WATER§ 42-102
MEASUREMENT OF WATER§ 42-103
RIGHT ACQUIRED BY APPROPRIATION§ 42-105
USE OF NATURAL WATERWAYS — MEASUREMENT OF COMMINGLED WATER — APPROVAL OF RIGHT TO EXCHANGE WATER§ 42-106
PRIORITY