Idaho Code
Idaho Code

Idaho Code § 18-4304 (2026)

Wrongful diversion of water. 

✓ current as of May 2026
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Wrongful diversion of water. 

Any person who without the consent of the water master of the district, diverts any water from a ditch or channel where it has been placed, or caused or left to run by the water master or his deputies, or who shuts or opens any ditch, gate or dam, or in any way impedes or increases the flow of water in any stream or ditch diverting water from a stream, while the same is under the charge of a water master, or who cuts away any embankment of a stream, whereby the water of such stream is diverted, or breaks, injures, or removes any gate, flume or other device used for the equitable distribution of the water of such stream by the water master, shall be guilty of a misdemeanor.

Notes of Decisions
Cited in 2 cases, 1973–2020 · leading case: DeRousse v. Higginson, 505 P.2d 321 (Idaho 1973).
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DeRousse v. Higginson, 505 P.2d 321 (Idaho 1973). · cites it 4× “I.C. § 18-4304 et seq. It is thus my conclusion that only by construing the provisions of I.”
Bliss v. Minidoka Irrigation Dist. (Idaho 2020). · cites it 4× “Following an investigation, the Minidoka County Prosecutor’s Office filed a misdemeanor complaint charging Bliss with wrongful diversion of water under Idaho Code section 18-4304. Bliss defended against these charges.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.