Idaho Statutes
§ 42-1423 — ATTORNEYS FEES AND COSTS AGAINST THE STATE OF IDAHO, ANY STATE AGENCY OR ANY OFFICER OR EMPLOYEE
Idaho § 42-1423
JurisdictionIdaho
Title 42IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION
Ch. 14ADJUDICATION OF WATER RIGHTS
This text of Idaho § 42-1423 (ATTORNEYS FEES AND COSTS AGAINST THE STATE OF IDAHO, ANY STATE AGENCY OR ANY OFFICER OR EMPLOYEE) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Idaho Code § 42-1423 (2026).
Text
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.
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Related
In Re Srba Case No. 39576
912 P.2d 614 (Idaho Supreme Court, 1995)
State v. Hagerman Water Right Owners, Inc.
947 P.2d 391 (Idaho Supreme Court, 1997)
State ex rel. Higginson v. United States
912 P.2d 614 (Idaho Supreme Court, 1995)
Legislative History
[42-1423, added 1994, ch. 454, sec. 30, p. 1473.]
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
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Bluebook (online)
Idaho § 42-1423, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/42-1423.