TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 14

ADJUDICATION OF WATER RIGHTS

42-1413.  Filing of final decree. (1) When a decree has become final in an adjudication in which the director filed a report, the director shall file a certified copy of the decree or a transcript thereof in the office of the county recorder of each county in which the place of use or point of diversion of the water rights contained in the decree is located.

(2)  Upon entry of a final decree, the director shall administer the water rights by distributing water in accordance with the final decree and with title 42, Idaho Code.

(3)  When a decree has become final in an adjudication in which the director has not filed a report, the clerk of the district court in which the decree is entered shall file a certified copy of the decree or a transcript thereof in the office of the county recorder for each county in which the place of use or point of diversion of the water rights decreed is located, and shall send a certified copy of the decree to the director as required in section 42-1403, Idaho Code.

(4)  The transcript of decree shall contain the following:

(a)  title of the district court;

(b)  name of the case;

(c)  the case number;

(d)  names of each party;

(e)  date of entry;

(f)  the description of the boundaries of the water system, which is the subject of the general adjudication;

(g)  a statement that the decree is entered in the records of the clerk of the district court;

(h)  a statement that information as to the rights decreed is available at the offices of the department; and

(i)  such other information as may be necessary to assist any person searching the title of a parcel to find the decree.

(5)  A decree or transcript recorded pursuant to this section from the time it is filed with the recorder for record, is constructive notice of the contents of the decree within the county in which the decree or transcript is recorded to subsequent purchasers and mortgagees.

(6)  Notwithstanding the filing of a certified copy of the decree or a transcript thereof in the office of the county recorder, only the legal description of an irrigation district’s boundaries recorded in compliance with title 43, Idaho Code, shall constitute conclusive proof of the district’s boundaries. The decree shall not be construed to define, limit or otherwise affect the apportionment of benefits to lands within an irrigation district pursuant to chapter 7, title 43, Idaho Code. A notice consistent with this subsection shall be filed with the certified copy of the decree or a transcript thereof.

History:

[42-1413, added 1986, ch. 220, sec. 15, p. 577; am. 1994, ch. 454, sec. 21, p. 1469; am. 2003, ch. 167, sec. 2, p. 475.]