US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 14
                         ADJUDICATION OF WATER RIGHTS
    42-1409.  NOTICE OF CLAIM. (1) The director shall prepare and furnish on
request a standard notice of claim form.
    The notice of claim form shall include the following:
    (a)  the name and address of the claimant;
    (b)  the source of water;
    (c)  the quantity of water claimed:
         (i)   the quantity of water claimed to be used for water rights
         acquired under state law shall describe the rate of  diversion or,
         for an instream flow claim, a rate of water flow in cubic feet per
         second or the annual volume of diversion of water for use or storage
         in acre-feet per year, or both;
         (ii)  the quantity of water claimed for water rights established
         under federal law shall describe for each and every purpose the rate
         of present and future water diversion or, in the case of an instream
         flow claim the rate of flow in cubic feet per second or annual volume
         of present and future diversion in acre-feet per year or both;
    (d)  the date of priority claimed:
         (i)   the date of priority claimed for water rights acquired under
         state law shall be from any license, permit, or decree; or if the
         right is not based upon a license, permit, or decree, then the date
         when the water was first applied to beneficial use;
         (ii)  the date of priority claimed for water rights established under
         federal law shall be determined in accordance with federal law;
    (e)  the number thereof, if founded upon a right on file with the
    department; or if the right is founded upon judicial decree not on file
    with the department, then the title of the court and cause, number of the
    action and the date of entry;
    (f)  the legal description of the existing point(s) of diversion; if the
    claim is for an instream flow, then a legal description of the beginning
    and ending points of the claimed instream flow;
    (g)  the purpose(s) of use and the period of use:
         (i)   the purpose(s) of use for water rights acquired under state law
         shall describe each purpose of use and the period of the year when
         water is used for each purpose;
         (ii)  the purpose(s) of use for a water right established under
         federal law shall describe the purposes for which the water included
         in the claim is presently being used, if at all, and the period of
         the year when water is necessary for the designated purposes;
    (h)  a legal description of the place of use:
         (i)   the legal description of the place of use for water rights
         acquired under state law shall describe the land where the water is
         beneficially used; if one (1) of the purposes of use is irrigation,
         then the number of irrigated acres within each forty (40) acre
         subdivision, except as provided in section 42-219, Idaho Code;
         (ii)  the legal description of the place of use for a water right
         established under federal law shall describe the federal reservation
         and the existing or proposed place of use for each consumptive use;
    (i)  the dates of any changes or enlargements in use for water rights
    acquired under state law, including the dimension of the diversion works
    as originally constructed and as enlarged;
    (j)  conditions on the exercise of any water right included in any decree,
    license, approved transfer application or other document; and
    (k)  such remarks and other matters as are necessary for definition of the
    right, for clarification of any element of a right or for administration
    of the right by the director.
    (2)  With respect to any water right for which a change was approved by
the director pursuant to section 42-211 or 42-222, Idaho Code, after filing
the notice of claim and prior to filing of the director's report, the claimant
shall amend the notice of claim consistent with the determination of the
director on the change.
    (3)  Each claimant shall sign and verify under oath that the statements
contained in a notice of claim or amended notice of claim are true and
correct.
    (4)  All claimants of water rights that are included in a general
adjudication shall file with the director a notice of claim for all water
rights, except for those types of water rights designated in paragraphs (a)
through (d) of subsection (1) of section 42-1420, Idaho Code.
    (5)  Any person who fails to submit a required notice of claim shall be
deemed to have been constructively served with notice of a general
adjudication by publication and mailing as required by section 42-1408, Idaho
Code.
    (6)  Each purchaser of a water right from the water system shall inquire
of the director whether a notice of claim has been filed, and if not, shall
file a notice of claim in accordance with this section. All claimants and
purchasers shall provide the director written notice of any change in
ownership or of any change in mailing address during the pendency of a general
adjudication. All purchasers shall submit some evidence of ownership along
with the notice of change of ownership.
    (7)  At least one hundred twenty (120) days prior to filing of the
director's report with the court, the director may notify each holder of a
permit or license to appropriate water from the water system, for which proof
of beneficial use was filed after entry of the court's order commencing a
general adjudication, to file a notice of claim within thirty (30) days of
mailing of the notice. The director shall notify the holder of the permit or
license by certified mail at the most recent address shown in the records of
the department.
    (8)  The district court or director may extend the time for filing a
notice of claim.