Idaho Code
Idaho Code

Idaho Code § 42-1401 (2026)

Legislative intent. 

✓ current as of May 2026
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Legislative intent. 

The legislature finds and declares that the state laws and procedures for the adjudication of rights to the use of water need to be modified:

(1)  to provide a statutory procedure for incorporating a negotiated agreement between a federal reserved water right claimant and the state of Idaho into an adjudication;
(2)  to provide a more efficient method for adjudications;
(3)  to assure that state laws and procedures provide a fair and impartial forum for the adjudication of the rights of all claimants; and
(4)  to assure that state laws and procedures are adequate as a matter of federal law to adjudicate all water rights claimed to have been established under federal law and to administer such rights.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1973–2022 · leading case: Idaho Ground Water Appropriators v. Dept of Water Resources (42775) & City of Pocatello v. Rangen, Inc. (42836), 369 P.3d 897 (Idaho 2016).
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Idaho Ground Water Appropriators v. Dept of Water Resources (42775) & City of Pocatello v. Rangen, Inc. (42836), 369 P.3d 897 (Idaho 2016). · cites it 4× “I.C. § 42-1401. One of the purposes of this modification was “to establish, through an adjudication a uniform description for surface water rights, ground water rights and water rights.”
United States v. Idaho Ex Rel. Dir., Idaho Dep't of Water Resources, 508 U.S. 1 (1993). · cites it 2× “Idaho Code § 42-1401 (1948). When Idaho revised this system, many of the items formerly taxed as "costs" to the parties at the conclusion of the adjudication were denominated as "fees," and required to be paid into court at the outset.”
R.T. Nahas Co. v. Hulet, 674 P.2d 1036 (Idaho Ct. App. 1983). · cites it 6× “Section 2 of the same enactment amended I.C. § 42-1401 to require that the director of the Department of Water Resources shall be named as a defendant in all suits to adjudicate water rights.”
Walker v. Big Lost River Irrigation Dist., 856 P.2d 868 (Idaho 1993). · cites it 4× “I.C. §§ 42-1401 through 42-1423. In 1987, the director of the department of water resources filed a petition for SRBA.”
Baker v. Ore-Ida Foods, Inc., 513 P.2d 627 (Idaho 1973). · cites it 2× “” I.C. § 42-1401 suggests that primary jurisdiction in water disputes may often rest with the IDWA.”
Devil Creek Ranch, Inc. v. Cedar Mesa Reservoir & Canal Co., 879 P.2d 1135 (Idaho 1994). · cites it 2× “I.C. §§ 42-1401 through 42-1423 (amended 1994).”
Holden v. Weece (In Re SRBA Case No. 39576 Subcase No. 61-12301), 414 P.3d 215 (Idaho 2018). · cites it 2× “" I.C. § 42-1401(1) - (3). The SRBA court has managed hundreds of thousands of water right claims pursuant to procedures which require precision and exactness.”
Garner v. Sanders (D. Idaho 2022). “Plaintiffs brought this diversity action against Defendant under Idaho Code 42-1401, et seq., which governs “Adjudication of Water Rights,” and Idaho Code 42-1601, et seq, which governs “Artesian Wells.”
Idaho Code § 42-1401(1): 1 case
Holden v. Weece (In Re SRBA Case No. 39576 Subcase No. 61-12301), 414 P.3d 215 (Idaho 2018). “" I.C. § 42-1401(1) - (3). The SRBA court has managed hundreds of thousands of water right claims pursuant to procedures which require precision and exactness.”
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