Idaho Code
Idaho Code § 42-104 (2026)
Appropriation must be for beneficial purpose.
✓ current as of May 2026
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Appropriation must be for beneficial purpose.
The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such purpose, the right ceases.
Notes of Decisions
Cited in 2
cases, 1957–2007 · leading case: United States v. Pioneer Irrigation Dist., 157 P.3d 600 (Idaho 2007).
United States v. Pioneer Irrigation Dist., 157 P.3d 600 (Idaho 2007). “Further, I.C. § 42-104 states, “The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such purpose, the right ceases.”
Mountain Home Irrigation Dist. v. Duffy, 319 P.2d 965 (Idaho 1957). “15; §§ 42-104, 42-222 I.C. To effectuate this policy, the legislature has made it a misdemeanor to waste water from a stream, the waters of which are used for irrigation.”
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