Idaho Code
Idaho Code

Idaho Code § 42-1405 (2026)

General adjudication — Public interest. 

✓ current as of May 2026
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General adjudication — Public interest. 

(1) Five (5) or more or a majority of the users of water from any water system may petition the director to request the attorney general to file an action to commence a general adjudication. If the director deems that the public interest and necessity will be served by a determination of the water rights of that water system, the director shall request the attorney general to file an action to commence the general adjudication.

(2)  If the director deems that the public interest and necessity will be served by a determination of the water rights of any water system, the director, upon his own initiative, may request the attorney general to file an action to commence a general adjudication.
Notes of Decisions
Cited in 3 cases, 1975–1990 · leading case: Nettleton v. Higginson, 558 P.2d 1048 (Idaho 1977).
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Nettleton v. Higginson, 558 P.2d 1048 (Idaho 1977). · cites it 36× “Our holding is supported by a comparison of the state's duty as mandated by Article 15, § 1 of the Idaho Constitution with the appellant's ability, under I.C. § 42-1405, [3] to at any time *1053 verify his "constitutional use right," thereby reaping the protective benefit of I.”
Silverstein v. Carlson, 797 P.2d 856 (Idaho 1990). · cites it 6× “Pursuant to I.C. § 42-1405 (1990), the director of the Idaho Department of Water Resources (the director) conducted an examination of the water rights claimed by Silverstein.”
Parke v. Bell, 539 P.2d 995 (Idaho 1975). · cites it 2× “This ease is not one involving a summary supplemental adjudication of water rights under I.C. § 42-1405, but was started as a controversy between two parties only.”
— Idaho Code § 42-1405(f) — 1 case
Silverstein v. Carlson, 797 P.2d 856 (Idaho 1990). “Pursuant to I.C. § 42-1405 (1990), the director of the Idaho Department of Water Resources (the director) conducted an examination of the water rights claimed by Silverstein.”
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