Idaho State Statutes - Idaho Attorney Directory

(1) Legislative findings regarding
accomplished transfers and the public interest.
(a) The legislature finds and declares that prior to the commencement of
the Snake River basin adjudication, many persons entitled to the use of
water or owning land to which water has been made appurtenant either by
decree of the court or under provisions of the constitution and statutes
of this state changed the place of use, point of diversion, nature or
purpose of use, or period of use of their water rights without compliance
with the transfer provisions of sections 42-108 and 42-222, Idaho Code.
(b) The legislature finds that many of these changes occurred with the
knowledge of other water users and that the water has been distributed to
the right as changed. The legislature further finds and declares that the
continuation of the historic water use patterns resulting from these
changes is in the local public interest provided no other existing water
right was injured at the time of the change. Denial of a claim based
solely upon a failure to comply with sections 42-108 and 42-222, Idaho
Code, where no injury or enlargement exists, would cause significant undue
financial impact to a claimant and the local economy. Approval of the
accomplished transfer through the procedure set forth in this section
avoids the harsh economic impacts that would result from a denial of the
claim.
(c) The legislature further finds and declares that examination of these
changes by the director through the procedures of section 42-222, Idaho
Code, would be impractical and unduly burdensome. The more limited
examination of these changes provided for in this section, constitutes a
reasonable procedure for an expeditious review by the director while
ensuring that the changes do not injure other existing water rights or
constitute an enlargement of use of the original right.
(2) Any change of place of use, point of diversion, nature or purpose of
use or period of use of a water right by any person entitled to use of water
or owning any land to which water has been made appurtenant either by decree
of the court or under the provisions of the constitution and statutes of this
state, prior to November 19, 1987, the date of commencement of the Snake River
basin adjudication, may be claimed in a general adjudication even though the
person has not complied with sections 42-108 and 42-222, Idaho Code, provided
no other water rights existing on the date of the change were injured and the
change did not result in an enlargement of the original right. Except for the
consent requirements of section 42-108, Idaho Code, all requirements of
sections 42-108 and 42-222, Idaho Code, are hereby waived in accordance with
the following procedures:
(a) If an objection is filed to a claim for accomplished change of place
of use, point of diversion, nature or purpose of use or period of use, the
district court shall remand the water right to the director for further
hearing to determine whether the change injured a water right existing on
the date of the change or constituted an enlargement of the original
right. After a hearing, the director shall submit a supplemental report to
the district court setting forth his findings and conclusions. If the
claimant or any person who filed an objection to the accomplished transfer
is aggrieved by the director's determination, they may seek review before
the district court. If the change is disallowed, the claimant shall be
entitled to resume use of the original water right, provided such
resumption of use will not cause injury or can be mitigated to prevent
injury to existing water rights. The unapproved change shall not be deemed
a forfeiture or abandonment of the original water right.
(b) This section is not applicable to any claim based upon an enlargement
of use.

Click here to visit the Official Idaho State Statutes