US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 14
                         ADJUDICATION OF WATER RIGHTS
    42-1424.  SUMMARY SUPPLEMENTAL ADJUDICATION OF WATER RIGHTS. (1) Where an
adjudication of a water system has been commenced prior to July 1, 1986, or
where an adjudication of a water system has been commenced pursuant to
subsection (3) of section 42-1404, Idaho Code, resulting in a decree of any
court of competent jurisdiction, and thereafter it appears that any claimant
having the right to the use of any part of those waters was not included  in
the decree as a party, and the right was not determined thereby, or that a
claimant subsequent to the decree has acquired any right to the use of those
waters, the claimant may bring an action to have such right adjudicated in the
manner specified in subsection (3) of this section.
    (2)  Where a general adjudication of a water system has been commenced or
enlarged after July 1, 1986, pursuant to section 42-1405 or 42-1406, Idaho
Code, resulting in a decree of any court of competent jurisdiction, and
thereafter, it appears that a claimant subsequent to the decree has acquired
any right to the use of those waters, or that a claimant who possesses a water
right designated in paragraphs (a) through (d) of subsection (1) of section
42-1420, Idaho Code, did not have those water rights determined, the claimant
may bring an action to have those water rights adjudicated in the manner
specified in subsection (3) of this section.
    (3)  The following procedure shall be used for any supplemental
adjudication:
    (a)  A claimant may bring an action in the district court that originally
    heard the general adjudication to conduct a supplemental adjudication of
    the water rights of the claimant; and
    (b)  The claimant shall, in his complaint, set forth his acceptance as
    binding upon him of all prior applicable decrees and the findings of fact
    and conclusions of law upon which they are based, shall request the
    commencement of a supplemental adjudication and shall set forth the
    claimed water right in a notice of claim form furnished by the director
    and attached to the complaint. Thereupon, the district court shall issue a
    summons and it shall be served upon the state of Idaho and the United
    States; and
    (c)  After return of service of summons, the claimant shall cause to be
    published once a week for not less than three (3) weeks, a notice of the
    pendency and purpose of the action in such newspaper or newspapers as the
    judge of the district court may order, which notice shall contain the
    title of the court and the cause, the name and post-office address of the
    claimant, the date of priority of the water right claimed, the source of
    the water supply, the amount of water claimed, in general the nature of
    the water use, the approximate location of the point of diversion, and the
    place of use; and
    (d)  Any person who may be injured and who objects to the water right
    claimed by the claimant, as described in the published notice, shall,
    within forty-five (45) days of the date of the first publication of
    notice, file with the district court written notice of such objection
    stating the reasons for the objection. A copy of the objection shall be
    served upon the claimant, upon all other parties of record in the action,
    the watermasters, and the director; and
    (e)  The district court may request that the director determine the water
    rights in accordance with the procedures set forth in sections 42-1410
    through 42-1413, Idaho Code; and
    (f)  The director, within thirty (30) days after the district court
    requests the director to prepare a director's report in accordance with
    sections 42-1410 through 42-1413, Idaho Code, shall file with the court
    notification as to whether the director will conduct an examination of the
    water rights claimed in the complaint in accordance with the procedures
    set forth in sections 42-1410 through 42-1413, Idaho Code; and
    (g)  Notification to the court that the director will proceed in
    accordance with sections 42-1410 through 42-1413, Idaho Code, shall
    include an approximation of the time when the director's report will be
    completed, and an estimate of the director's costs that will be incurred
    in conducting the examination and in preparing the reports; and
    (h)  The claimant shall then be required to advance to the director, the
    estimated costs to be incurred by the director in conducting the
    examination and in preparing the reports. Prior to the filing of the
    director's report with the court, the claimant shall pay the balance of
    the director's verified costs or be refunded any unused estimated costs
    advanced to the director. In the event that the claimant shall contest the
    director's costs, the court shall then determine the reasonable costs to
    be paid by the claimant; and
    (i)  The director shall file the report with the court upon completion and
    shall send a copy thereof to all parties to the action.  Objections to the
    report of the director and hearing upon the objections shall be in
    accordance with the provisions of section 42-1412, Idaho Code; and
    (j)  For those cases in which the director notifies the district court
    that the director does not intend to proceed in accordance with sections
    42-1410 through 42-1413, Idaho Code, the cause may thereafter be brought
    on for hearing in open court, and any claimant having filed a timely
    objection with the court may appear and defend against the claim.
    (4)  The court's decree shall determine the rights of the claimant in
accordance with the proof submitted but subject to the terms of the original
decree or decrees. 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 determine all other
matters necessary for the efficient administration of the water rights.
Whereupon water shall be distributed to the claimant in accordance therewith
and in the same manner as though the claimant's right had been included in the
decree or decrees.
    (5)  Any person who has appeared in the action may appeal in accordance
with the Idaho appellate rules from the decree entered in the action hereby
authorized to be brought.