US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 14
                         ADJUDICATION OF WATER RIGHTS
    42-1420.  BINDING EFFECT OF DECREE -- EXCEPTIONS. (1) The decree entered
in a general adjudication shall be conclusive as to the nature and extent of
all water rights in the adjudicated water system except that the following
described water rights shall not be lost by failure to file a notice of claim:
    (a)  a water right for domestic use or stock watering use, specifically
    excluded from the general adjudication by court order;
    (b)  a water right application for permit filed under chapters 2 or 15,
    title 42, Idaho Code;
    (c)  a water right permit issued under chapters 2 or 15, title 42, Idaho
    Code, unless the director required the permit holder to file a notice of
    claim in accordance with subsection (7) of section 42-1409, Idaho Code;
    (d)  a water right license issued under chapter 2 or 15, title 42, Idaho
    Code, if proof of beneficial use had not been filed on the date of
    commencement of the general adjudication, unless the director required the
    license holder to file a notice of claim in accordance with subsection (7)
    of section 42-1409, Idaho Code; and
    (e)  a claim to a water right established under federal law, if the
    priority of the right claimed is later than and junior to the date of
    entry of the order commencing the general adjudication.
    (2)  The exceptions from the conclusive effect of a decree in a general
adjudication stated in subsection (1) above shall not apply to any water right
for which a notice of claim or negotiated agreement is filed.