TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 14

ADJUDICATION OF WATER RIGHTS

42-1417.  General adjudication — Interim administration of water rights. (1) The district court may permit the distribution of water pursuant to chapter 6, title 42, Idaho Code:

(a)  in accordance with the director’s report or as modified by the court’s order;

(b)  in accordance with applicable partial decree(s) for water rights acquired under state law;

(c)  in accordance with applicable partial decree(s) for water rights established under federal law.

(2)  The district court may enter the order only:

(a)  upon a motion by a party;

(b)  after notice by the moving party by mail to the director and each claimant of water from the water system or portion thereof that could reasonably be determined to be adversely affected by entry of the order; and

(c)  upon a determination by the court, after hearing, that the interim administration of water rights in accordance with the report, or as the report is modified by the court’s order, and in accordance with any partial decree(s), is reasonably necessary to protect senior water rights.

(3)  Immediately upon entry of the court’s order of interim administration of water rights, the clerk of the district court shall mail a certified copy of the order to the director, and the director shall immediately give notice of the order to the watermaster of the water districts affected by the order.

(4)  After entry of the district court’s order for interim administration, the director may form a water district pursuant to chapter 6, title 42, Idaho Code.

History:

[42-1417, added 1986, ch. 220, sec. 17, p. 578; am. 1987, ch. 158, sec. 2, p. 310; am. 1994, ch. 454, sec. 25, p. 1471.]