TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 14

ADJUDICATION OF WATER RIGHTS

42-1401A.  Definitions. The following terms are defined for purposes of this chapter as follows:

(1)  "Claimant" means any person asserting ownership of rights to the use of water within the state of Idaho or on whose behalf ownership of rights to the use of water is asserted.

(2)  "Department" means the Idaho department of water resources.

(3)  "Director" means collectively the director of the Idaho department of water resources and the Idaho department of water resources.

(4)  "Domestic use" is defined in section 42-111, Idaho Code.

(5)  "General adjudication" means an action both for the judicial determination of the extent and priority of the rights of all persons to use water from any water system within the state of Idaho that is conclusive as to the nature of all rights to the use of water in the adjudicated water system, except as provided in section 42-1420, Idaho Code, and for the administration of those rights.

(6)  "Party" means any person who is a claimant or any person who is served or joined.

(7)  "Person" means an individual, a partnership, a trust, an estate, a corporation, a municipal corporation, the state of Idaho or any political subdivision, the United States, an Indian tribe, or any other public or private entity, except that "person" does not include the director of the department or the department.

(8)  "Private adjudication" means an action commenced in accordance with section 42-1404, Idaho Code, for the judicial determination of both the extent and priority of the rights of named persons to the use of water from any water system within the state of Idaho, for which a general adjudication has not been commenced or completed, that binds only those persons joined in the action and for the administration of such rights.

(9)  "Purchaser" means any successor in interest of a claimant, whether the interest is acquired by purchase, gift, inheritance, or other means.

(10) "Supplemental adjudication" means an action commenced in accordance with section 42-1424, Idaho Code, for the judicial determination of both the extent and priority of the rights of a person to the use of water from any water system within the state of Idaho which has been adjudicated in a general adjudication or in a private adjudication.

(11) "Stock watering use" means the use of water solely for livestock or wildlife where the total diversion is not in excess of thirteen thousand (13,000) gallons per day.

(12) "Water system" includes all rivers, streams, lakes, springs, ground waters, or other sources within this state, including any river system or other source, as used in 43 U.S.C. section 666.

History:

[42-1401A, added 1986, ch. 220, sec. 3, p. 560; 1986, ch. 234, sec. 1, p. 645; am. 1990, ch. 319, sec. 6, p. 875; am. 1994, ch. 454, sec. 2, p. 1445; am. 1996, ch. 186, sec. 1, p. 585; am. 1997, ch. 374, sec. 2, p. 1194.]