US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 14
                         ADJUDICATION OF WATER RIGHTS
    42-1410.  EXAMINATION OF WATER SYSTEM AND OF CLAIMS. (1) Upon entry of the
court's order commencing a general adjudication, or as provided in section
42-1404 or 42-1424, Idaho Code, the director shall commence an examination of
the water system, the canals and ditches and other works, and the uses being
made of water diverted from the water system for water rights acquired under
state law. The examination shall continue in a manner and for such a period of
time as the director determines is necessary to evaluate the extent and nature
of each water right for which a notice of claim under state law has been
filed. The director may conduct any fact-finding hearing necessary for a full
and adequate disclosure of the facts.
    (2)  The director and other employees of the department shall have
authority to go upon all lands, both public and private, for the purpose of
investigating the uses of water from any water source and may require the
cooperation of the claimant in investigating the claimant's water use. The
employee investigating the claimant's use shall make a reasonable effort to
contact the claimant to schedule a date and approximate time for the
examination. If the well or diversion works are located in a building other
than an unlocked structure used solely for housing the well or other diversion
works in which there is no reasonable expectation of privacy, the employee
shall only enter the building in the absence of a court order after requesting
and receiving the permission of the claimant or other occupant. The director
may request the district court to issue an order compelling inspection and
subpoenas requiring the attendance of any witness or the production of
documents in accordance with the Idaho rules of civil procedure.
    (3)  Any maps prepared by the director shall be available for inspection
at the offices of the department and any other locations the director may
designate, for the purpose of assisting any claimant in preparing and filing
claims and objections to the director's report.