Idaho Code
Idaho Code § 42-1412 (2026)
Objections — Responses to objections — Hearing before district judge — Entry of final decree.
✓ current as of May 2026
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Objections — Responses to objections — Hearing before district judge — Entry of final decree.
(1) Any claimant who desires to object to a water right, or to a general provision in the director’s report, shall file an objection with the district court within the time specified in the notice of filing of the director’s report. The claimant shall also send a copy of the objection to the claimant whose water right claim is the subject of the objection and to the director.
(2) The director may file with the district court a supplemental report to any objection to the director’s report within the time specified in the notice of filing of the report. The director shall file with the district court the original of the notice of claim. The director shall mail a copy of the supplemental report to the objector and the claimant whose right is the subject of the objection. A claimant may file with the district court a response to any objection filed with respect to the claimant’s water right within the time specified in the notice of filing of the report. If a party other than the claimant or the objector desires to participate in the proceeding concerning a particular objection, the party shall file a response to the objection that states the position of the party. In addition, any party may intervene in any objection proceeding in accordance with rules of practice and procedure established by the district court.
(3) The notice of claim, objections, and responses to objections, shall identify the issues to be heard for water rights acquired under state law.
(4) Following expiration of the period for filing objections and responses thereto, the district court shall hear and determine the objections to any water right or to any general provision in the director’s report. The court shall before any trial, however, order a settlement conference to determine whether the matter can be settled. The court may request the director to conduct a further investigation and to submit a supplemental report for any water right acquired under state law that is the subject of an objection. In addition, the district court or a party may request the director or his designee to present the basis for the recommendations in the director’s report.
(5) The district court or special master shall conduct the trial without a jury on an objection or any group of objections in accordance with the Idaho rules of civil procedure.
(6) The district court shall enter a partial decree determining the nature and extent of the water right which is the subject of the objection or other matters which are the subject of the objection. The decree shall contain or incorporate a statement of each element of a water right as stated in subsections (2) and (3) of section 42-1411, Idaho Code, as applicable. The decree shall also contain an express statement that the partial decree is subject to such general provisions necessary for the definition of the rights or for the efficient administration of the water rights. Upon entry of the decree, the clerk of the district court shall send a certified copy of the decree to the director in accordance with section 42-1403, Idaho Code. The clerk of the district court shall notify the objector and claimant of each right as to which an objection was determined by the district court of entry of the decree in the manner provided in the Idaho rules of civil procedure.
(7) Not less than sixty (60) days after the expiration of the period for filing objections, the director shall file with the district court a statement of those portions of the director’s report for which no objection was filed. Following hearing, the district court shall enter a partial decree as to those portions of the director’s report for which no objection has been filed. However, the district court may exclude unobjected claims from this list if the unobjected claim may be affected by the outcome of a contested matter. The decree shall contain or incorporate a statement of those elements of a water right contained in the director’s report for water rights acquired under state law. Upon entry of the decree, the clerk of the district court shall send a certified copy of the decree to the director in accordance with section 42-1403, Idaho Code. The clerk of the district court shall notify each claimant of entry of the decree in the manner provided in the Idaho rules of civil procedure.
(8) Upon resolution of all objections to water rights acquired under state law, to water rights established under federal law, and to general provisions, and after entry of partial decree(s), the district court shall combine all partial decrees and the general provisions into a final decree.
(9) The district court may extend or shorten the time for filing any objection to the director’s report or any response to an objection.
Notes of Decisions
Cited in 22
cases, 1990–2019 · leading case: In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995).
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995). “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.C. § 42-1412 (1986). That section also provides that "[t]he report of the director, objections,…”
A & B Irrigation Dist. v. Idaho Conservation League, 958 P.2d 568 (Idaho 1998). “Idaho Code § 42-1412 (6) provides that "[t]he decree shall also contain an express statement that the partial decree is subject to such general provisions necessary for the definition of the rights or for the efficient administration of the water rights.”
City of Blackfoot v. Gary Spackman, 396 P.3d 1184 (Idaho 2017). “” I.C. § 42-1412(6). These elements are separate and distinct elements that, when combined, make up the water right.”
State v. Nelson, 951 P.2d 943 (Idaho 1998). “I.C. § 42-1412(6) (1997) (Emphasis added).”
Idaho Ground Water Appropriators v. Dept of Water Resources (42775) & City of Pocatello v. Rangen, Inc. (42836), 369 P.3d 897 (Idaho 2016). “If IGWA wanted to challenge the partial decrees of Rangen’s water rights it should have filed objections in the SRBA under Idaho Code section 42-1412. Allowing IGWA to collaterally attack this determination would severely undermine the purpose of the SRBA and create uncertainty…”
United States v. Hagerman Water Right Owners, Inc., 947 P.2d 409 (Idaho 1997). “” I.C. § 42-1412. An “objection” is not a claim, counterclaim, or cross-claim and the Director’s Report is not a “pleading” in any SRBA proceeding.”
Idaho Dept. of Water Resources v. United States, 832 P.2d 289 (Idaho 1992). “Idaho Code § 42-1412 allows any claimant to object to any portion of the director's report.”
A & B IRRIGATION Dist. v. Aberdeen-Am. Falls Ground Water Dist., 118 P.3d 78 (Idaho 2005). “Idaho Code § 42-1412 (1) states that “[a]ny claimant who desires to object to a water right, or to a general provision in the director’s report, shall file an objection with the district court within the time specified in the notice of filing of the director’s report.”
Fort Hall Water Users Ass'n v. United States, 921 P.2d 739 (Idaho 1996). “Subsection (1) of I.C. § 42-1412 provides: Any party who desires to object to parts I or II of the director's report shall file the party's objections with the district court within the time specified in the notice of filing of the report.”
State ex rel. Higginson v. United States, 912 P.2d 614 (Idaho 1995). “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.C. § 42-1412 (1986). That section also provides that “[t]he report of the director, objections,…”
United States v. Pioneer Irrigation Dist., 157 P.3d 600 (Idaho 2007). “also notes that I.C. § 42-1412(6) provides that the district court has a duty to enter a partial decree determining the nature and extent of the water rights which is the subject of the objection, or other matters which are the subject of the objection, and the court is required…”
Silverstein v. Carlson, 797 P.2d 856 (Idaho 1990). “Silverstein and Foster each objected to portions of the director’s report, pursuant to I.C. § 42-1412(1) (1990). The director then filed responses to these objections, as provided for in I.”
— Idaho Code § 42-1412(1) — 2 cases
United States v. Hagerman Water Right Owners, Inc., 947 P.2d 409 (Idaho 1997). “” I.C. § 42-1412. An “objection” is not a claim, counterclaim, or cross-claim and the Director’s Report is not a “pleading” in any SRBA proceeding.”
Silverstein v. Carlson, 797 P.2d 856 (Idaho 1990). “Silverstein and Foster each objected to portions of the director’s report, pursuant to I.C. § 42-1412(1) (1990). The director then filed responses to these objections, as provided for in I.”
— Idaho Code § 42-1412(2) — 4 cases
North Snake Ground Water Dist. v. Gisler, 40 P.3d 105 (Idaho 2002).
State v. United States, 996 P.2d 806 (Idaho 2000).
Silverstein v. Carlson, 797 P.2d 856 (Idaho 1990). “Silverstein and Foster each objected to portions of the director’s report, pursuant to I.C. § 42-1412(1) (1990). The director then filed responses to these objections, as provided for in I.”
State v. United States, 996 P.2d 806 (Idaho 2000).
— Idaho Code § 42-1412(4) — 4 cases
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995). “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.C. § 42-1412 (1986). That section also provides that "[t]he report of the director, objections,…”
State v. Hagerman Water Right Owners, Inc., 947 P.2d 391 (Idaho 1997).
State ex rel. Higginson v. United States, 912 P.2d 614 (Idaho 1995). “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.C. § 42-1412 (1986). That section also provides that “[t]he report of the director, objections,…”
Silverstein v. Carlson, 797 P.2d 856 (Idaho 1990). “Silverstein and Foster each objected to portions of the director’s report, pursuant to I.C. § 42-1412(1) (1990). The director then filed responses to these objections, as provided for in I.”
— Idaho Code § 42-1412(5) — 2 cases
United States v. Hagerman Water Right Owners, Inc., 947 P.2d 409 (Idaho 1997). “” I.C. § 42-1412. An “objection” is not a claim, counterclaim, or cross-claim and the Director’s Report is not a “pleading” in any SRBA proceeding.”
Holden v. Weece (In Re SRBA Case No. 39576 Subcase No. 61-12301), 414 P.3d 215 (Idaho 2018).
— Idaho Code § 42-1412(6) — 7 cases
City of Blackfoot v. Gary Spackman, 396 P.3d 1184 (Idaho 2017). “” I.C. § 42-1412(6). These elements are separate and distinct elements that, when combined, make up the water right.”
State v. Nelson, 951 P.2d 943 (Idaho 1998). “I.C. § 42-1412(6) (1997) (Emphasis added).”
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995). “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.C. § 42-1412 (1986). That section also provides that "[t]he report of the director, objections,…”
A & B Irrigation Dist. v. Idaho Conservation League, 958 P.2d 568 (Idaho 1998). “Idaho Code § 42-1412 (6) provides that "[t]he decree shall also contain an express statement that the partial decree is subject to such general provisions necessary for the definition of the rights or for the efficient administration of the water rights.”
United States v. Pioneer Irrigation Dist., 157 P.3d 600 (Idaho 2007). “also notes that I.C. § 42-1412(6) provides that the district court has a duty to enter a partial decree determining the nature and extent of the water rights which is the subject of the objection, or other matters which are the subject of the objection, and the court is required…”
— Idaho Code § 42-1412(7) — 2 cases
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995). “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.C. § 42-1412 (1986). That section also provides that "[t]he report of the director, objections,…”
State ex rel. Higginson v. United States, 912 P.2d 614 (Idaho 1995). “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.C. § 42-1412 (1986). That section also provides that “[t]he report of the director, objections,…”
— Idaho Code § 42-1412(8) — 2 cases
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995). “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.C. § 42-1412 (1986). That section also provides that "[t]he report of the director, objections,…”
State ex rel. Higginson v. United States, 912 P.2d 614 (Idaho 1995). “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.C. § 42-1412 (1986). That section also provides that “[t]he report of the director, objections,…”
— Idaho Code § 42-1412(9) — 2 cases
Idaho Dept. of Water Resources v. United States, 832 P.2d 289 (Idaho 1992). “Idaho Code § 42-1412 allows any claimant to object to any portion of the director's report.”
Silverstein v. Carlson, 797 P.2d 856 (Idaho 1990). “Silverstein and Foster each objected to portions of the director’s report, pursuant to I.C. § 42-1412(1) (1990). The director then filed responses to these objections, as provided for in I.”
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