Idaho Code
Idaho Code § 42-1401A (2026)
Definitions.
✓ current as of May 2026
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Definitions.
The following terms are defined for purposes of this chapter as follows:
(1) "Claimant" means any person asserting ownership of rights to the use of water within the state of Idaho or on whose behalf ownership of rights to the use of water is asserted.
(2) "Department" means the Idaho department of water resources.
(3) "Director" means collectively the director of the Idaho department of water resources and the Idaho department of water resources.
(4) "Domestic use" is defined in section 42-111, Idaho Code.
(5) "General adjudication" means an action both for the judicial determination of the extent and priority of the rights of all persons to use water from any water system within the state of Idaho that is conclusive as to the nature of all rights to the use of water in the adjudicated water system, except as provided in section 42-1420, Idaho Code, and for the administration of those rights.
(6) "Party" means any person who is a claimant or any person who is served or joined.
(7) "Person" means an individual, a partnership, a trust, an estate, a corporation, a municipal corporation, the state of Idaho or any political subdivision, the United States, an Indian tribe, or any other public or private entity, except that "person" does not include the director of the department or the department.
(8) "Private adjudication" means an action commenced in accordance with section 42-1404, Idaho Code, for the judicial determination of both the extent and priority of the rights of named persons to the use of water from any water system within the state of Idaho, for which a general adjudication has not been commenced or completed, that binds only those persons joined in the action and for the administration of such rights.
(9) "Purchaser" means any successor in interest of a claimant, whether the interest is acquired by purchase, gift, inheritance, or other means.
(10) "Supplemental adjudication" means an action commenced in accordance with section 42-1424, Idaho Code, for the judicial determination of both the extent and priority of the rights of a person to the use of water from any water system within the state of Idaho which has been adjudicated in a general adjudication or in a private adjudication.
(11) "Stock watering use" means the use of water solely for livestock or wildlife where the total diversion is not in excess of thirteen thousand (13,000) gallons per day.
(12) "Water system" includes all rivers, streams, lakes, springs, ground waters, or other sources within this state, including any river system or other source, as used in 43 U.S.C. section 666.
Notes of Decisions
Cited in 13
cases, 1993–2019 · leading case: Fort Hall Water Users Ass'n v. United States, 921 P.2d 739 (Idaho 1996).
Fort Hall Water Users Ass'n v. United States, 921 P.2d 739 (Idaho 1996). “) I.C. § 42-1401A(1) defines "claimant" as follows: "Claimant" means any person asserting ownership of rights to the use of water within the state of Idaho or on whose *742 behalf ownership of rights to the use of water is asserted.”
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995). “I.C. § 42-1401A(7) (1986). The methods of filing objections to the Director's report and claimed water rights, filing responses to those objections, and judicial resolution of the issues are provided by I.”
United States v. Hagerman Water Right Owners, Inc., 947 P.2d 409 (Idaho 1997). “§ 42-1401A(9). In addition, the Court has long held that: Except for that limited class of actions which are strictly in rem, a decree is not, and cannot be made, conclusive, as to the parties who are strangers to it.”
Am. Falls Reservoir Dist. No. 2 v. Idaho Dep't of Water Resources, 154 P.3d 433 (Idaho 2007). “A delivery call shall not be effective against any ground water right used for domestic purposes regardless of priority date where such domestic use is within the limits of the definition set forth in Section 42-111, Idaho Code, nor against any ground water right used for stock…”
Walker v. Big Lost River Irrigation Dist., 856 P.2d 868 (Idaho 1993). “§ 42-1401A(l) defines a claimant as “any person asserting ownership of rights to the use of water_” I.C. § 42-1401A(9) defines a private adjudication as “an action .”
State v. Hagerman Water Right Owners, Inc., 947 P.2d 391 (Idaho 1997). “Under the amended statutes, the Director was no longer included in the definition of “Party,” I.C. § 42-1401A(7) (1994), and the Director’s reports, notices of claimed water rights, objections to those claims, responses to objections, and negotiated agreements were no longer…”
McInturff v. Shippy (In Re Csrba Case No. 49576, Subcase No. 91-7094. ), 447 P.3d 937 (Idaho 2019). “Though Cedar Creek was not originally a party on this appeal, we grant its motion to join this action to best afford relief.”
State ex rel. Higginson v. United States, 912 P.2d 614 (Idaho 1995). “I.C. § 42-1401A(7) (1986). The methods of filing objections to the Director’s report and claimed water rights, filing responses to those objections, and judicial resolution of the issues are provided by I.”
First Sec. v. Belle Ranch (Idaho 2019). “” I.C. § 42-1401A(1) (italics added). The legislature directed that decrees issued in the SRBA “shall contain or incorporate a statement of each element of a water right[.”
United States v. Black Canyon Irrigation Dist (Idaho 2017). “” I.C. § 42-1401A(5). 2 As relevant to understanding the tables that follow in the text above, we have previously explained: The purpose of use element of a storage water right generally contains at least two authorized purposes of use.”
Black Canyon Irrig Dist v. State / Suez Water (Idaho 2018). “” I.C. § 42-1401A(5). 2 As relevant to understanding the tables that follow in the text above, we have previously explained: The purpose of use element of a storage water right generally contains at least two authorized purposes of use.”
Holden v. Weece (In Re SRBA Case No. 39576 Subcase No. 61-12301), 414 P.3d 215 (Idaho 2018). “See I.C. § 42-1401A(6) ; AO1 § 2(n) (an objector is "a party to the adjudication.”
— Idaho Code § 42-1401A(1) — 3 cases
Fort Hall Water Users Ass'n v. United States, 921 P.2d 739 (Idaho 1996). “) I.C. § 42-1401A(1) defines "claimant" as follows: "Claimant" means any person asserting ownership of rights to the use of water within the state of Idaho or on whose *742 behalf ownership of rights to the use of water is asserted.”
McInturff v. Shippy (In Re Csrba Case No. 49576, Subcase No. 91-7094. ), 447 P.3d 937 (Idaho 2019). “Though Cedar Creek was not originally a party on this appeal, we grant its motion to join this action to best afford relief.”
First Sec. v. Belle Ranch (Idaho 2019). “” I.C. § 42-1401A(1) (italics added). The legislature directed that decrees issued in the SRBA “shall contain or incorporate a statement of each element of a water right[.”
— Idaho Code § 42-1401A(11) — 1 case
Am. Falls Reservoir Dist. No. 2 v. Idaho Dep't of Water Resources, 154 P.3d 433 (Idaho 2007). “A delivery call shall not be effective against any ground water right used for domestic purposes regardless of priority date where such domestic use is within the limits of the definition set forth in Section 42-111, Idaho Code, nor against any ground water right used for stock…”
— Idaho Code § 42-1401A(4) — 2 cases
United States v. Hagerman Water Right Owners, Inc., 947 P.2d 409 (Idaho 1997). “§ 42-1401A(9). In addition, the Court has long held that: Except for that limited class of actions which are strictly in rem, a decree is not, and cannot be made, conclusive, as to the parties who are strangers to it.”
Twin Falls Canal Co. v. Idaho Dep't of Water Resources, 905 P.2d 89 (Idaho 1995).
— Idaho Code § 42-1401A(5) — 3 cases
First Sec. v. Belle Ranch (Idaho 2019). “” I.C. § 42-1401A(1) (italics added). The legislature directed that decrees issued in the SRBA “shall contain or incorporate a statement of each element of a water right[.”
United States v. Black Canyon Irrigation Dist (Idaho 2017). “” I.C. § 42-1401A(5). 2 As relevant to understanding the tables that follow in the text above, we have previously explained: The purpose of use element of a storage water right generally contains at least two authorized purposes of use.”
Black Canyon Irrig Dist v. State / Suez Water (Idaho 2018). “” I.C. § 42-1401A(5). 2 As relevant to understanding the tables that follow in the text above, we have previously explained: The purpose of use element of a storage water right generally contains at least two authorized purposes of use.”
— Idaho Code § 42-1401A(6) — 2 cases
First Sec. v. Belle Ranch (Idaho 2019). “” I.C. § 42-1401A(1) (italics added). The legislature directed that decrees issued in the SRBA “shall contain or incorporate a statement of each element of a water right[.”
Holden v. Weece (In Re SRBA Case No. 39576 Subcase No. 61-12301), 414 P.3d 215 (Idaho 2018). “See I.C. § 42-1401A(6) ; AO1 § 2(n) (an objector is "a party to the adjudication.”
— Idaho Code § 42-1401A(7) — 5 cases
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995). “I.C. § 42-1401A(7) (1986). The methods of filing objections to the Director's report and claimed water rights, filing responses to those objections, and judicial resolution of the issues are provided by I.”
State v. Hagerman Water Right Owners, Inc., 947 P.2d 391 (Idaho 1997). “Under the amended statutes, the Director was no longer included in the definition of “Party,” I.C. § 42-1401A(7) (1994), and the Director’s reports, notices of claimed water rights, objections to those claims, responses to objections, and negotiated agreements were no longer…”
United States v. Hagerman Water Right Owners, Inc., 947 P.2d 409 (Idaho 1997). “§ 42-1401A(9). In addition, the Court has long held that: Except for that limited class of actions which are strictly in rem, a decree is not, and cannot be made, conclusive, as to the parties who are strangers to it.”
Fort Hall Water Users Ass'n v. United States, 921 P.2d 739 (Idaho 1996). “) I.C. § 42-1401A(1) defines "claimant" as follows: "Claimant" means any person asserting ownership of rights to the use of water within the state of Idaho or on whose *742 behalf ownership of rights to the use of water is asserted.”
State ex rel. Higginson v. United States, 912 P.2d 614 (Idaho 1995). “I.C. § 42-1401A(7) (1986). The methods of filing objections to the Director’s report and claimed water rights, filing responses to those objections, and judicial resolution of the issues are provided by I.”
— Idaho Code § 42-1401A(8) — 2 cases
United States v. Black Canyon Irrigation Dist (Idaho 2017). “” I.C. § 42-1401A(5). 2 As relevant to understanding the tables that follow in the text above, we have previously explained: The purpose of use element of a storage water right generally contains at least two authorized purposes of use.”
Black Canyon Irrig Dist v. State / Suez Water (Idaho 2018). “” I.C. § 42-1401A(5). 2 As relevant to understanding the tables that follow in the text above, we have previously explained: The purpose of use element of a storage water right generally contains at least two authorized purposes of use.”
— Idaho Code § 42-1401A(9) — 3 cases
United States v. Hagerman Water Right Owners, Inc., 947 P.2d 409 (Idaho 1997). “§ 42-1401A(9). In addition, the Court has long held that: Except for that limited class of actions which are strictly in rem, a decree is not, and cannot be made, conclusive, as to the parties who are strangers to it.”
Walker v. Big Lost River Irrigation Dist., 856 P.2d 868 (Idaho 1993). “§ 42-1401A(l) defines a claimant as “any person asserting ownership of rights to the use of water_” I.C. § 42-1401A(9) defines a private adjudication as “an action .”
First Sec. v. Belle Ranch (Idaho 2019). “” I.C. § 42-1401A(1) (italics added). The legislature directed that decrees issued in the SRBA “shall contain or incorporate a statement of each element of a water right[.”
— Idaho Code § 42-1401A(l) — 2 cases
Fort Hall Water Users Ass'n v. United States, 921 P.2d 739 (Idaho 1996). “) I.C. § 42-1401A(1) defines "claimant" as follows: "Claimant" means any person asserting ownership of rights to the use of water within the state of Idaho or on whose *742 behalf ownership of rights to the use of water is asserted.”
Walker v. Big Lost River Irrigation Dist., 856 P.2d 868 (Idaho 1993). “§ 42-1401A(l) defines a claimant as “any person asserting ownership of rights to the use of water_” I.C. § 42-1401A(9) defines a private adjudication as “an action .”
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