US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 14
                         ADJUDICATION OF WATER RIGHTS
    42-1421.  PROCEDURES FOR ADJUDICATION OF UNPERFECTED WATER RIGHTS
INITIATED UNDER STATE LAW -- DIRECTOR'S JURISDICTION. (1) All persons claiming
a water right based on an application or permit on the date of entry of the
order commencing a general adjudication are not required to file a notice of
claim unless required in accordance with subsection (7) of section 42-1409,
Idaho Code. If the director approves the application in whole or in part
during the pendency of a general adjudication and prior to filing the
director's report, the director shall notify the permit holder of the pendency
of the general adjudication. A permit holder who is not required by the
director to file a notice of claim in accordance with subsection (7) of
section 42-1409, Idaho Code, may file a notice of claim at any time prior to
filing the director's report.
    (2)  All persons claiming a water right based on a water right license
existing on the date of entry of the order commencing a general adjudication
shall file a notice of claim.
    (3)  The district court shall decree any claimed water right for which
proof of beneficial use has not been filed, but shall state that the right is
conditioned upon completion of the appropriation in accordance with the laws
of the state governing the appropriation of water and that the decreed right
shall be subject to the terms of the license to appropriate water that is
ultimately issued.
    (4)  The director retains jurisdiction of all applications, permits and
licenses under chapter 2, 3, 6 or 15, title 42, Idaho Code, to take action
authorized by the conditions contained in any permit or license or by
applicable law and action on any application for transfer under section
42-222, Idaho Code.
    (5)  The director retains jurisdiction of all decreed water rights under
chapters 2, 3 and 6, title 42, Idaho Code, to take action authorized by the
conditions of any decree or by applicable law, including action on any
application for transfer under section 42-222, Idaho Code.
    (6)  The director retains jurisdiction of all beneficial use water rights
under chapters 2, 3 and 6, title 42, Idaho Code, to take action authorized by
applicable law.