42-1401 Legislative Intent
42-1401A Definitions
42-1401B Role of the Director in an Adjudication
42-1401C Role of State Agencies Other Than the Idaho Department of Water Resources in an Adjudication
42-1401D Jurisdictional Limitation
42-1402 Decreed Rights Appurtenant to Land — Water Rights Established Under Federal Law Excepted
42-1403 Certified Copies of Allotments
42-1404 Private Actions for Adjudication of Water Rights
42-1405 General Adjudication — Public Interest
42-1406 General Adjudication — Contents of Petition
42-1406B Northern Idaho Water Rights Adjudications — Commencement
42-1406C Bear River Water Rights Adjudication — Commencement
42-1407 General Adjudication — Venue — Notice of Filing — Commencement Order
42-1408 Service of Notice of Order Commencing a General Adjudication
42-1409 Notice of Claim
42-1409A Amendment of Notice of Claims — Late Notice of Claims
42-1410 Examination of Water System and of Claims
42-1411 Report of the Director
42-1411A Service of Notice of and Determination of Water Rights Established Under Federal Law
42-1412 Objections — Responses to Objections — Hearing Before District Judge — Entry of Final Decree
42-1413 Filing of Final Decree
42-1414 Fees for Filing Notice of Claims With the Director
42-1415 Enforcement of Filing Fees
42-1416B Claim for Expanded Use in Critical Ground Water Area — Determination of Water Availability
42-1417 General Adjudication — Interim Administration of Water Rights
42-1418 Appeals
42-1419 Entry of an Order Commencing a General Adjudication On a Special Docket — Constructive Notice — Filing of Certified Copy of Order in Other Counties
42-1420 Binding Effect of Decree — Exceptions
42-1421 Procedures for Adjudication of Unperfected Water Rights Initiated Under State Law — Director’S Jurisdiction
42-1422 Special Master — Appointment — Powers and Duties — Compensation — Disqualification — Review of Special Master’S Report
42-1423 Attorneys Fees and Costs Against the State of Idaho, Any State Agency or Any Officer or Employee
42-1424 Summary Supplemental Adjudication of Water Rights
42-1425 Accomplished Transfers
42-1426 Enlargements — Waiver of Mandatory Permit Requirements
42-1427 Descriptions of Water Rights — Reporting and Decreeing Elements of a Decreed or Licensed Water Right
42-1428 Severability

Terms Used In Idaho Code > Title 42 > Chapter 14 - Adjudication of Water Rights

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Digital boundary: means the boundary encompassing and defining an area consisting of or incorporating the place of use or permissible place of use for a water right prepared and maintained by the department of water resources using a geographic information system in conformance with the national standard for spatial data accuracy or succeeding standard. See Idaho Code 42-202B
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Summons: Another word for subpoena used by the criminal justice system.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.