Idaho Code

Idaho Code § 42-1410 (2026)

Examination of water system and of claims.

✓ current as of May 2026

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Examination of water system and of claims.

(1) Upon entry of the court’s order commencing a general adjudication, or as provided in section 42-1404 or 42-1424, Idaho Code, the director shall commence an examination of the water system, the canals and ditches and other works, and the uses being made of water diverted from the water system for water rights acquired under state law. The examination shall continue in a manner and for such a period of time as the director determines is necessary to evaluate the extent and nature of each water right for which a notice of claim under state law has been filed. The director may conduct any fact-finding hearing necessary for a full and adequate disclosure of the facts.

(2) The director and other employees of the department shall have authority to go upon all lands, both public and private, for the purpose of investigating the uses of water from any water source and may require the cooperation of the claimant in investigating the claimant’s water use. The employee investigating the claimant’s use shall make a reasonable effort to contact the claimant to schedule a date and approximate time for the examination. If the well or diversion works are located in a building other than an unlocked structure used solely for housing the well or other diversion works in which there is no reasonable expectation of privacy, the employee shall only enter the building in the absence of a court order after requesting and receiving the permission of the claimant or other occupant. The director may request the district court to issue an order compelling inspection and subpoenas requiring the attendance of any witness or the production of documents in accordance with the Idaho rules of civil procedure.

(3) Any maps prepared by the director shall be available for inspection at the offices of the department and any other locations the director may designate, for the purpose of assisting any claimant in preparing and filing claims and objections to the director’s report.

Notes of Decisions

Cited in 7 cases, 1983–2014 · leading case: Olson v. Idaho Dep't of Water Resources, 666 P.2d 188 (Idaho 1983).

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Olson v. Idaho Dep't of Water Resources, 666 P.2d 188 (Idaho 1983). · cites it 6× “I.C. § 42-1410. Several landowners on the Geertson Creek drainage, including the Olsons, filed objections to these proposed findings.”

A & B Irrigation Dist. v. Idaho Conservation League, 958 P.2d 568 (Idaho 1998). · cites it 4× “§ 42-1409, claimants to include in their claims "the period of year when water is used for each purpose," and pursuant to I.C. § 42-1410, to require the court's decree in every case to "declare as to the water rights adjudged to each party, the .”

A & B IRRIGATION Dist. v. Aberdeen-Am. Falls Ground Water Dist., 118 P.3d 78 (Idaho 2005). · cites it 2× “Additionally, after leave to amend a claim is granted the determination of whether to hear additional objections is left to the discretion of the presiding judge.”

United States v. Hagerman Water Right Owners, Inc., 947 P.2d 409 (Idaho 1997). · cites it 2× “” I.C. § 42-1410(1). The Director must further file a report determining elements of a water right “to the extent the director deems appropriate and proper, to define and administer the water rights acquired under state law” including “the quantity of water used.”

Branson v. Miracle, 687 P.2d 1348 (Idaho 1984). · cites it 3× “The first issue presented on appeal is the effect of I.C. § 42-1410 which provides that: “Any claimant who desires to object to the report [proposing findings of water rights] shall file his objections with the court within 60 days ____ Where no objection is filed with regard to…”

A & B Irrigation Dist. v. State, 336 P.3d 792 (Idaho 2014). · cites it 2× “, “irrigation storage,” or “power storage”). The second authorizes the subsequent use of that stored water for an associated purpose, which is often referred to as the “end use” (i.”

SRBA: A&B Irrigation v. State of Idaho (Idaho 2014). · cites it 2× “The second authorizes the subsequent use of that stored water for an associated purpose, which is often referred to as the “end use” (i.”

— Idaho Code § 42-1410(1) — 1 case

United States v. Hagerman Water Right Owners, Inc., 947 P.2d 409 (Idaho 1997). “” I.C. § 42-1410(1). The Director must further file a report determining elements of a water right “to the extent the director deems appropriate and proper, to define and administer the water rights acquired under state law” including “the quantity of water used.”

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