2005 Idaho Code - 42-246 — FILING OF CLAIM NOT DEEMED ADJUDICATION OF RIGHT -- EVIDENCE

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 2
                      APPROPRIATION OF WATER -- PERMITS,
                     CERTIFICATES, AND LICENSES -- SURVEY
    42-246.  FILING OF CLAIM NOT DEEMED ADJUDICATION OF RIGHT -- EVIDENCE. The
filing of a claim does not constitute an adjudication of any claim to the
right to use of waters as between the water use claimant and the state, or as
between one (1) or more water use claimants and another or others. A statement
of claim filed pursuant to section 42-243, Idaho Code, shall be admissible in
a general adjudication of water rights as evidence of the times of use and the
quantity of water the claimant was withdrawing or diverting as of the year of
the filing, if, but only if, the quantities of water in use and the time of
use when a controversy is mooted are substantially in accord with the times of
use and quantity of water claimed in the claim. A claim shall not otherwise be
evidence of the priority of the claimed water right.