2005 Idaho Code - 42-110 — RIGHT TO DIVERT WATER

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 1
                      APPROPRIATION OF WATER -- GENERAL
                                  PROVISIONS
    42-110.  RIGHT TO DIVERT WATER. The proprietors of any ditch, canal or
conduit, or other works for the diversion and carriage of water, whose right
relative to the quantity of water they shall be entitled to divert by means of
such works shall have been established by any valid claim, permit, license or
decree of court, shall be entitled to such quantity measured at the point of
diversion, subject, however, to all prior rights. Water diverted from its
source pursuant to a water right is the property of the appropriator while it
is lawfully diverted, captured, conveyed, used, or otherwise physically
controlled by the appropriator.