Idaho Code

Idaho Code § 42-1401D (2026)

Jurisdictional limitation.

✓ current as of May 2026

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Jurisdictional limitation.

Review of an agency action of the department of water resources, which is subject to judicial review or declaratory judgment under the provisions of chapter 52, title 67, Idaho Code, shall not be heard in any water rights adjudication proceeding commenced under this chapter. Venue and jurisdiction over any such action pending on the effective date of this section, or initiated subsequent thereto, shall be in the district court as authorized under the provisions of section 67-5272, Idaho Code, without regard to any other provision of law.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: McInturff v. Shippy (In Re Csrba Case No. 49576, Subcase No. 91-7094. ), 447 P.3d 937 (Idaho 2019).

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McInturff v. Shippy (In Re Csrba Case No. 49576, Subcase No. 91-7094. ), 447 P.3d 937 (Idaho 2019). · cites it 8× “I.C. § 42-1401D. The district court correctly concluded this statute deprived it of jurisdiction to review an agency decision of the IDWR that was subject to judicial review under the Idaho Administrative Procedures Act (IDAPA).”

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