US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 6
                            DISTRIBUTION OF WATER
                             AMONG APPROPRIATORS
    42-604.  CREATION OF WATER DISTRICTS. The director of the department of
water resources shall divide the state into water districts in such manner
that each public stream and tributaries, or independent source of water
supply, shall constitute a water district: provided, that any stream or water
supply, when the distance between the extreme points of diversion thereon is
more than forty (40) miles, may be divided into two (2) or more water
districts: provided, that any stream tributary to another stream may be
constituted into a separate water district when the use of the water therefrom
does not affect or conflict with the rights to the use of the water of the
main stream: provided, that any stream may be divided into two (2) or more
water districts, irrespective of the distance between the extreme points of
diversion, where the use of the waters of such stream by appropriators in one
district does not affect or conflict with the use of the waters of such stream
by appropriators outside such district: provided, that this section shall not
apply to streams or water supplies whose priorities of appropriation have not
been adjudicated by the courts having jurisdiction thereof.
    The director may create, revise the boundaries of, or abolish a water
district or combine two (2) or more water districts by entry of an order if
such action is required in order to properly administer uses of the water
resource. Copies of the order shall be sent by regular mail to all holders of
rights to the waters affected by the order. The director's order is subject to
judicial review as provided in section 42-1701A, Idaho Code.
    Before entering an order creating, modifying, or abolishing a district,
the director shall, by regular mail, send notice of the proposed action to
each water user in the district or proposed district. The notice shall
describe the proposed action to be taken, the reasons therefore, the time and
place of a hearing to be held concerning the proposed action, and provide a
time period within which written comment on the action will be accepted. The
hearing shall not be held sooner than ten (10) days after the mailing of the
notice, and the written comment period shall not close sooner than ten (10)
days after the hearing. Instead of mailing notice, the director may publish
notice describing the proposed action, the time and place for the hearing, and
the deadline for receiving written comment. The notice shall be published once
a week for two (2) weeks in a newspaper or newspapers having general
circulation within the district or proposed district, with the second
publication appearing at least ten (10) days before the date set for the
hearing. The hearing shall be held within the district or proposed district,
or at some nearby location convenient to the affected water users.
    Each water district created hereunder shall be considered an
instrumentality of the state of Idaho for the purpose of performing the
essential governmental function of distribution of water among appropriators
under the laws of the state of Idaho.