TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 14

ADJUDICATION OF WATER RIGHTS

42-1420.  Binding effect of decree — Exceptions. (1) The decree entered in a general adjudication shall be conclusive as to the nature and extent of all water rights in the adjudicated water system except that the following described water rights shall not be lost by failure to file a notice of claim:

(a)  a water right for domestic use or stock watering use, specifically excluded from the general adjudication by court order;

(b)  a water right application for permit filed under chapters 2 or 15, title 42, Idaho Code;

(c)  a water right permit issued under chapters 2 or 15, title 42, Idaho Code, unless the director required the permit holder to file a notice of claim in accordance with subsection (7) of section 42-1409, Idaho Code;

(d)  a water right license issued under chapter 2 or 15, title 42, Idaho Code, if proof of beneficial use had not been filed on the date of commencement of the general adjudication, unless the director required the license holder to file a notice of claim in accordance with subsection (7) of section 42-1409, Idaho Code; and

(e)  a claim to a water right established under federal law, if the priority of the right claimed is later than and junior to the date of entry of the order commencing the general adjudication.

(2)  The exceptions from the conclusive effect of a decree in a general adjudication stated in subsection (1) above shall not apply to any water right for which a notice of claim or negotiated agreement is filed.

History:

[42-1420, added 1986, ch. 220, sec. 20, p. 580; 1986, ch. 230, sec. 4, p. 626; am. 1994, ch. 454, sec. 26, p. 1472; am. 1996, ch. 186, sec. 5, p. 591.]