Idaho Statutes

§ 42-2509 — RIGHTS OF LIENHOLDERS PROTECTED

Idaho·Title 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION·Ch. 25 TRANSFER AND LEASE OF CAREY ACT WATER RIGHTS
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.

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Legislative 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.]

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