2005 Idaho Code - 42-243 — FILING OF CLAIMS OF RIGHTS ESTABLISHED BY DIVERSION AND USE -- FORM AND CONTENT OF CLAIM

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 2
                      APPROPRIATION OF WATER -- PERMITS,
                     CERTIFICATES, AND LICENSES -- SURVEY
    42-243.  FILING OF CLAIMS OF RIGHTS ESTABLISHED BY DIVERSION AND USE --
FORM AND CONTENT OF CLAIM. In order to allow for the recording of historic
uses of the waters of this state, any person using or  claiming rights to the
use of water for uses other than domestic purposes, which have heretofore been
established by diversion and application to a beneficial use shall file a
claim of such right with the department of water resources not later than June
30, 1983, or if mailed, shall be postmarked not later than June 30, 1983. Such
claim shall be in affidavit form on forms furnished by the department of water
resources and shall set forth:
    a.  The name and post-office address of the claimant.
    b.  The quantity of water claimed to have been used.
    c.  The source of the water supply.
    d.  The location of the point or points of diversion.
    e.  The nature of the use and the period during each year when the water
is used for such purposes.
    f.  The priority of the right claimed which shall be determined by the
date when the water was first applied to a beneficial use provided there has
been no period of abandonment or nonuse or forfeiture of the water right since
that date.
    g.  If water is claimed for irrigation, the legal description of the lands
irrigated.
    h.  Such other information as shall be required by the blank form
furnished by the department.
    Such claim may be accompanied by maps showing the place of use, affidavits
of witnesses familiar with the uses claimed, measurements of the water
diverted and used, and such other information as the claimant may wish to
submit.
    If the claim is filed with the department of water resources later than
June 30, 1983, or if it is mailed to the department of water resources and the
postmark is later than June 30, 1983, the claim shall be classified as
follows:
    a.  If the only use identified on the claim is domestic purposes, then the
claim will be considered to be filed in a timely manner.
    b.  If the use(s) identified on the claim includes other than domestic
purposes, then the claim shall be considered to be a late claim, with a unique
filing fee as set forth in section 42-221, Idaho Code.
    This section shall not apply to any water rights which are based on the
authority of a permit or license issued by the department of water resources
or one of its predecessors or water rights which have previously been
adjudicated by a court having jurisdiction of such matters.