US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 14
                         ADJUDICATION OF WATER RIGHTS
    42-1412.  OBJECTIONS -- RESPONSES TO OBJECTIONS -- HEARING BEFORE DISTRICT
JUDGE -- ENTRY OF FINAL DECREE. (1) Any claimant who desires to object to a
water right, or to a general provision in the director's report, shall file an
objection with the district court within the time specified in the notice of
filing of the director's report. The claimant shall also send a copy of the
objection to the claimant whose water right claim is the subject of the
objection and to the director.
    (2)  The director may file with the district court a supplemental report
to any objection to the director's report within the time specified in the
notice of filing of the report. The director shall file with the district
court the original of the notice of claim. The director shall mail a copy of
the supplemental report to the objector and the claimant whose right is the
subject of the objection. A claimant may file with the district court a
response to any objection filed with respect to the claimant's water right
within the time specified in the notice of filing of the report. If a party
other than the claimant or the objector desires to participate in the
proceeding concerning a particular objection, the party shall file a response
to the objection that states the position of the party. In addition, any party
may intervene in any objection proceeding in accordance with rules of practice
and procedure established by the district court.
    (3)  The notice of claim, objections, and responses to objections, shall
identify the issues to be heard for water rights acquired under state law.
    (4)  Following expiration of the period for filing objections and
responses thereto, the district court shall hear and determine the objections
to any water right or to any general provision in the director's report. The
court shall before any trial, however, order a settlement conference to
determine whether the matter can be settled. The court may request the
director to conduct a further investigation and to submit a supplemental
report for any water right acquired under state law that is the subject of an
objection. In addition, the district court or a party may request the director
or his designee to present the basis for the recommendations in the director's
report.
    (5)  The district court or special master shall conduct the trial without
a jury on an objection or any group of objections in accordance with the Idaho
rules of civil procedure.
    (6)  The district court shall enter a partial decree determining the
nature and extent of the water right which is the subject of the objection or
other matters which are the subject of the objection. The decree shall contain
or incorporate a statement of each element of a water right as stated in
subsections (2) and (3) of section 42-1411, Idaho Code, as applicable. The
decree shall also contain an express statement that the partial decree is
subject to such general provisions necessary for the definition of the rights
or for the efficient administration of the water rights. Upon entry of the
decree, the clerk of the district court shall send a certified copy of the
decree to the director in accordance with section 42-1403, Idaho Code. The
clerk of the district court shall notify the objector and claimant of each
right as to which an objection was determined by the district court of entry
of the decree in the manner provided in the Idaho rules of civil procedure.
    (7)  Not less than sixty (60) days after the expiration of the period for
filing objections, the director shall file with the district court a statement
of those portions of the director's report for which no objection was filed.
Following hearing, the district court shall enter a partial decree as to those
portions of the director's report for which no objection has been filed.
However, the district court may exclude unobjected claims from this list if
the unobjected claim may be affected by the outcome of a contested matter. The
decree shall contain or incorporate a statement of those elements of a water
right contained in the director's report for water rights acquired under state
law. Upon entry of the decree, the clerk of the district court shall send a
certified copy of the decree to the director in accordance with section
42-1403, Idaho Code. The clerk of the district court shall notify each
claimant of entry of the decree in the manner provided in the Idaho rules of
civil procedure.
    (8)  Upon resolution of all objections to water rights acquired under
state law, to water rights established under federal law, and to general
provisions, and after entry of partial decree(s), the district court shall
combine all partial decrees and the general provisions into a final decree.
    (9)  The district court may extend or shorten the time for filing any
objection to the director's report or any response to an objection.