Idaho Code
Idaho Code § 42-1406 (2026)
General adjudication — Contents of petition.
✓ current as of May 2026
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General adjudication — Contents of petition.
(1) A petition for a general adjudication shall contain among other things, the following:
(a) a description of the proposed boundaries of the water system to be adjudicated and administered;
(b) a statement of why the public interest and necessity would be served by a general adjudication;
(c) a list of counties where the water system proposed to be adjudicated and administered is located and a designation of whether all or only a portion of the county is included within the boundaries of the proposed general adjudication;
(d) a description of the general method proposed to ascertain and to serve claimants not disclosed following completion of the service required by paragraphs (a) through (d) of subsection (2) of section 42-1408, Idaho Code; and
(e) a prayer for relief requesting the district court to enter an order that commences the general adjudication.
(2) A petition for entry of an order commencing a general adjudication shall be captioned: "In Re the General Adjudication of Rights to the Use of Water From the ……………. Water System." Such action shall have no other caption.
Notes of Decisions
Cited in 5
cases, 1977–1992 · leading case: Nettleton v. Higginson, 558 P.2d 1048 (Idaho 1977).
Nettleton v. Higginson, 558 P.2d 1048 (Idaho 1977). “If not, then the respondent should proceed with an adjudication pursuant to I.C. § 42-1406 before combining these two districts into one.”
Olson v. Idaho Dep't of Water Resources, 666 P.2d 188 (Idaho 1983). “I.C. § 42-1406. Such an order was issued on August 13, 1970, commencing the water right determination.”
In Re Snake River Basin Water Sys., 764 P.2d 78 (Idaho 1988). “and the boundaries of any hydrologic sub basins within the system for which proceedings may advance separately pursuant to sections 42-1408 through 42-1414, Idaho Code; and (d) Defines any uses of water excluded for the adjudication proceedings; the adjudication shall proceed…”
Idaho Dept. of Water Resources v. United States, 832 P.2d 289 (Idaho 1992). “nd the boundaries of any hydrologic sub-basins within the system for which proceedings may advance separately pursuant to section 42-1408 through 42-1414, Idaho Code; and, (d) Defines any uses of water excluded from the adjudication proceedings; the adjudication shall proceed in…”
State v. United States, 764 P.2d 78 (Idaho 1988). “and the boundaries of any hydrologic sub — basins within the system for which proceedings may advance separately pursuant to sections 42-1408 through 42-1414, Idaho Code; and (d) Defines any uses of water excluded for the adjudication proceedings; the adjudication shall proceed…”
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