Title 42 · ID 42

Chapter 2 – Idaho State Legislature

Citation: Idaho Code § t42ch2

Section: t42ch2

Chapter 2 – Idaho State Legislature

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Home Idaho Laws & Rules Idaho Statutes Title 42 Chapter 2

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TITLE 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 2 APPROPRIATION OF WATER — PERMITS, CERTIFICATES, AND LICENSES — SURVEY

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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.

42-233c EASTERN SNAKE PLAIN AQUIFER AREA HAVING COMMON GROUND WATER SUPPLY.

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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