Idaho State Statutes - Idaho Attorney Directory

WATER RIGHTS ACQUIRED UNDER CHAPTER -- ILLEGAL APPLICATION OF
WATER. (1) All rights to divert and use the waters of this state for
beneficial purposes shall hereafter be acquired and confirmed under the
provisions of this chapter and not otherwise. And after the passage of this
title all the waters of this state shall be controlled and administered in the
manner herein provided. Such appropriation shall be perfected only by means of
the application, permit and license procedure as provided in this title;
provided, however, that in the event an appropriation has been commenced by
diversion and application to beneficial use prior to the effective date of
this act it may be perfected under such method of appropriation.
(2) No person shall use the public waters of the state of Idaho except in
accordance with the laws of the state of Idaho. No person shall divert any
water from a natural watercourse or apply water to land without having
obtained a valid water right to do so, or apply it to purposes for which no
valid water right exists.
(3) Notwithstanding the provisions of subsection (2) of this section,
water may be used at any time, with or without a water right, to extinguish an
existing fire on private or public lands, structures, or equipment, or to
prevent an existing fire from spreading to private or public lands,
structures, or equipment endangered by an existing fire.

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