Idaho State Statutes - Idaho Attorney Directory

(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.

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