US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 14
                         ADJUDICATION OF WATER RIGHTS
    42-1425.  ACCOMPLISHED TRANSFERS. (1) Legislative findings regarding
accomplished transfers and the public interest.
    (a)  The legislature finds and declares that prior to the commencement of
    the Snake River basin adjudication, and the northern Idaho adjudications,
    many persons entitled to the use of water or owning land to which water
    has been made appurtenant either by decree of the court or under
    provisions of the constitution and statutes of this state changed the
    place of use, point of diversion, nature or purpose of use, or period of
    use of their water rights without compliance with the transfer provisions
    of sections 42-108 and 42-222, Idaho Code.
    (b)  The legislature finds that many of these changes occurred with the
    knowledge of other water users and that the water has been distributed to
    the right as changed. The legislature further finds and declares that the
    continuation of the historic water use patterns resulting from these
    changes is in the local public interest provided no other existing water
    right was injured at the time of the change. Denial of a claim based
    solely upon a failure to comply with sections 42-108 and 42-222, Idaho
    Code, where no injury or enlargement exists, would cause significant undue
    financial impact to a claimant and the local economy. Approval of the
    accomplished transfer through the procedure set forth in this section
    avoids the harsh economic impacts that would result from a denial of the
    claim.
    (c)  The legislature further finds and declares that examination of these
    changes by the director through the procedures of section 42-222, Idaho
    Code, would be impractical and unduly burdensome. The more limited
    examination of these changes provided for in this section, constitutes a
    reasonable procedure for an expeditious review by the director while
    ensuring that the changes do not injure other existing water rights or
    constitute an enlargement of use of the original right.
    (2)  Any change of place of use, point of diversion, nature or purpose of
use or period of use of a water right by any person entitled to use of water
or owning any land to which water has been made appurtenant either by decree
of the court or under the provisions of the constitution and statutes of this
state, prior to November 19, 1987, the date of commencement of the Snake River
basin adjudication, and prior to January 1, 2006, for the northern Idaho
adjudications authorized by section 42-1406B, Idaho Code, may be claimed in
the applicable general adjudication even though the person has not complied
with sections 42-108 and 42-222, Idaho Code, provided no other water rights
existing on the date of the change were injured and the change did not result
in an enlargement of the original right. Except for the consent requirements
of section 42-108, Idaho Code, all requirements of sections 42-108 and 42-222,
Idaho Code, are hereby waived in accordance with the following procedures:
    (a)  If an objection is filed to a recommendation for accomplished change
    of place of use, point of diversion, nature or purpose of use or period of
    use, the district court shall remand the water right to the director for
    further hearing to determine whether the change injured a water right
    existing on the date of the change or constituted an enlargement of the
    original right. After a hearing, the director shall submit a supplemental
    report to the district court setting forth his findings and conclusions.
    If the claimant or any person who filed an objection to the accomplished
    transfer is aggrieved by the director's  determination, they may seek
    review before the district court. If the change is disallowed, the
    claimant shall be entitled to resume use of the original water right,
    provided such resumption of use will not cause injury or can be mitigated
    to prevent injury to existing water rights. The unapproved change shall
    not be deemed a forfeiture or abandonment of the original water right.
    (b)  This section is not applicable to any claim based upon an enlargement
    of use.