Idaho § 42-1402 DECREED RIGHTS APPURTENANT TO LAND — WATER RIGHTS ESTABLISHED UNDER FEDERAL LAW EXCEPTED

Idaho Statutes

§ 42-1402 — DECREED RIGHTS APPURTENANT TO LAND — WATER RIGHTS ESTABLISHED UNDER FEDERAL LAW EXCEPTED

Idaho·Title 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION·Ch. 14 ADJUDICATION OF WATER RIGHTS

In allotting the waters of any water system by the district court according to the rights and priorities of those using such waters, such allotment shall be made to the use to which such water is beneficially applied, except where water rights established under federal law are involved, in which case the allotment shall be made in accordance with federal law. The right confirmed by such decree or allotment shall be appurtenant to and shall become a part of the land on which the water is used, and such right will pass with the conveyance of such land, and such decree shall describe the land to which such water shall become so appurtenant. The amount of water so allotted shall never be in excess of the amount actually used for beneficial purposes for which such right is claimed, or in the ca

Free access — add to your briefcase to read the full text and ask questions with AI

In allotting the waters of any water system by the district court according to the rights and priorities of those using such waters, such allotment shall be made to the use to which such water is beneficially applied, except where water rights established under federal law are involved, in which case the allotment shall be made in accordance with federal law. The right confirmed by such decree or allotment shall be appurtenant to and shall become a part of the land on which the water is used, and such right will pass with the conveyance of such land, and such decree shall describe the land to which such water shall become so appurtenant. The amount of water so allotted shall never be in excess of the amount actually used for beneficial purposes for which such right is claimed, or in the case of a water right established under federal law, in excess of that amount determined by federal law.

Idaho § 42-1402 (DECREED RIGHTS APPURTENANT TO LAND — WATER RIGHTS ESTABLISHED UNDER FEDERAL LAW EXCEPTED) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

[(42-1402) 1903, p. 223, sec. 38; reen. R.C., sec. 4621; am. 1913, ch. 35, sec. 1, p. 133; C.L., sec. 4621; C.S., sec. 7033; I.C.A., sec. 41-1302; am. 1969, ch. 279, sec. 2, p. 822; am. 1986, ch. 220, sec. 4, p. 561; am. 1994, ch. 454, sec. 5, p. 1447.]