42-201 Water Rights Acquired Under Chapter — Illegal Diversion and Application of Water — Uses for Which Water Right Not Required — Exclusive Authority of Department
42-202 Application to Appropriate Water — Contents — Filing Fees — Disposition of Fees — Record of Receipts
42-202A Temporary Approval — Application — Criteria — Exceptions
42-202B Definitions
42-203A Notice Upon Receipt of Application — Protest — Hearing and Findings — Appeals
42-203B Authority to Subordinate Rights — Nature of Subordinated Water Right and Authority to Establish a Subordination Condition — Authority to Limit Term of Permit or License
42-203C Hydropower Water Right — Criteria for Reallocation — Weight — Burden of Proof
42-203D Review of Permits — Opportunity for Hearing
42-204 Examination — Permit — Commencement of Work — Extensions — Appeal
42-204A Appropriation of Ground Water for Supplemental Irrigation Use
42-205 Issuance of Permit — Restrictions — Preference
42-206 Residence a Requisite for Issuance
42-207 Sale, Transfer, Assignment or Mortgage of Permit
42-208 Cancellation or Revocation for Noncompliance
42-209 Effect of Illegal Transfer
42-210 Application of Act
42-211 Amended Application or Permit — Appeals
42-212 Diversion of Private Waters
42-213 Diversion of Private Waters — Applicants Must Show Right of Way
42-217 Proof of Application to Beneficial Use
42-217a Certified Water Right Examiner
42-218 Proof of Application to Beneficial Use — Extension of Time
42-218a Lapse of Application for Failure to Request Extension or Submit Proof of Application to Beneficial Use — Notice of Lapsing
42-219 Issuance of License — Priority
42-220 Effect of License
42-221 Fees of Department
42-222 Change in Point of Diversion, Place of Use, Period of Use, or Nature of Use of Water Under Established Rights — Forfeiture and Extension — Appeals
42-222A Temporary Changes During Drought Conditions
42-222B Irrigation Corporation Boundary Adjustments
42-223 Exceptions or Defenses to Forfeiture
42-224 Forfeiture of Stockwater Rights
42-226 Ground Waters Are Public Waters
42-227 Drilling and Use of Wells for Domestic Purposes Excepted
42-228 Drilling and Use of Wells for Drainage or Recovery Purposes Excepted
42-229 Methods of Appropriation
42-230 Definitions
42-231 Duties of the Director of the Department of Water Resources
42-232 Ground Water Recharge Program — Negotiations With Bureau of Reclamation
42-233 Low Temperature Geothermal Resource
42-233a “Critical Ground Water Area” Defined — Public Hearings — Publication of Notice — Granting or Denial of Application — Appeal
42-233b Ground Water Management Area
42-234 Ground Water Recharge — Authority of Department to Grant Permits and Licenses
42-235 Drilling Permits
42-237 Abandonment of Water Right — Change of Point of Diversion and Place of Use
42-237a Powers of the Director of the Department of Water Resources
42-237e Appeals From Actions of the Director of the Department of Water Resources
42-237f Adjudication of Water Right
42-237h Duties of the Attorney General
42-238 Well Drillers’ Licenses and Operator Permits
42-238a Water Administration Account
42-239 Interpretation
42-240 Application for Right to Exchange Water — Filing Fee — Notice — Protest — Hearing — Approval or Denial — Appeal
42-241 Purpose
42-242 Definitions
42-243 Filing of Claims of Rights Established by Diversion and Use — Form and Content of Claim
42-244 Recording of Claims by Department — Corrections
42-245 Failure to File Claim Waives and Relinquishes Right
42-246 Filing of Claim Not Deemed Adjudication of Right — Evidence
42-248 Notification of Change in Ownership of a Water Right or Change of Address of a Water Right Owner — Notice of Action Affecting a Water Right
42-250 Water Conservation
42-251 Appropriation of Unappropriated Flows for Lemhi Basin Stream Flow Maintenance — Legislative Findings of Fact Concerning Historic Use of High Flows in the Lemhi River Basin and Need for Protection and Effective Management of Such Use
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Terms Used In Idaho Code > Title 42 > Chapter 2 - Appropriation of Water — Permits, Certificates, and Licenses — Survey

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Authorized consumptive use: means the maximum consumptive use that may be made of a water right. See Idaho Code 42-202B
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Digital boundary: means the boundary encompassing and defining an area consisting of or incorporating the place of use or permissible place of use for a water right prepared and maintained by the department of water resources using a geographic information system in conformance with the national standard for spatial data accuracy or succeeding standard. See Idaho Code 42-202B
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipal provider: means :
Idaho Code 42-202B
  • Municipal purposes: refers to water for residential, commercial, industrial, irrigation of parks and open space, and related purposes, excluding use of water from geothermal sources for heating, which a municipal provider is entitled or obligated to supply to all those users within a service area, including those located outside the boundaries of a municipality served by a municipal provider. See Idaho Code 42-202B
  • Municipality: means a city incorporated under section 50-102, Idaho Code, a county, or the state of Idaho acting through a department or institution. See Idaho Code 42-202B
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a corporation as well as a natural person;
    • Idaho Code 73-114
  • Planning horizon: refers to the length of time that the department determines is reasonable for a municipal provider to hold water rights to meet reasonably anticipated future needs. See Idaho Code 42-202B
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Reasonably anticipated future needs: refers to future uses of water by a municipal provider for municipal purposes within a service area which, on the basis of population and other planning data, are reasonably expected to be required within the planning horizon of each municipality within the service area not inconsistent with comprehensive land use plans approved by each municipality. See Idaho Code 42-202B
  • Service area: means that area within which a municipal provider is or becomes entitled or obligated to provide water for municipal purposes. See Idaho Code 42-202B
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Statute: A law passed by a legislature.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.