Idaho Code
Idaho Code

Idaho Code § 42-1414 (2026)

Fees for filing notice of claims with the director. 

✓ current as of May 2026
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Fees for filing notice of claims with the director. 

(1) In order to provide an adequate and equitable cost-sharing formula for financing the costs of adjudicating water rights the department of water resources shall accept no notice of claim required under the provisions of section 42-1409, Idaho Code, unless such notice of claim is submitted with a filing fee based upon the fee schedule set forth below. Failure to pay the variable water use fee in accordance with the timetable provided shall be cause for the department to reject and return the notice of claim to the claimant. The fee schedule set forth below applies to adjudication proceedings commenced or enlarged on or after January 1, 1985.

(a)  Flat fee per claim filed:

(i)   Claims for domestic and/or stock watering rights 
Provided however, and notwithstanding any other provision of law, fees for stock watering right claims, regardless of the number of claims filed, shall only be imposed on the first four (4) claims per claimant, and there shall be no other fees or costs imposed for such claims.

(ii)  Claims for all other rights 
(b)  Additional variable water use fee for claims filed based upon acreage, power generating capacity, c.f.s., or equivalent volume of water:
(i)   Irrigation use (one fee irrespective of number of claims):

(ii)  Power: 

(iii) Aquaculture: 

(iv)  Municipal, industrial, commercial, mining, heating, cooling: 

(v)   Public instream flow, public lake level maintenance, wildlife: 
(c)  All fees collected by the department pursuant to this section shall be placed in the water resources adjudication account established in section 42-1777, Idaho Code.
(2)  If a claimant increases in an amended notice of claim the amount of water claimed, the amount of land irrigated, or the kilowatt capacity of the generating facility, the claimant shall pay upon filing the amended notice of claim an additional variable fee in accordance with the rates set forth in subsection (1) of this section. Claimants shall be entitled to a return of filing fees or late fees only where the fee was miscalculated at the time the original or amended notice of claim was filed.
(3)  If a claimant files a notice of claim after the date set by the director in the notice mailed or served in accordance with subsections (2), (3), or (4) of section 42-1408, Idaho Code, or with subsection (7) of section 42-1409, Idaho Code, the claimant shall pay the fee set forth in subsection (1) of this section, and in addition, the amount of fifty dollars ($50) or fifteen percent (15%) of the original filing fee, whichever is greater. The director may waive the late processing fee or a portion thereof for good cause.
Notes of Decisions
Cited in 6 cases, 1992–2016 · leading case: Idaho Dept. of Water Resources v. United States, 832 P.2d 289 (Idaho 1992).
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Idaho Dept. of Water Resources v. United States, 832 P.2d 289 (Idaho 1992). · cites it 24× “Idaho Code § 42-1414 sets the filing fees to be paid at the time of filing the Notice of Claim to a Water Right.”
United States v. Idaho Ex Rel. Dir., Idaho Dep't of Water Resources, 508 U.S. 1 (1993). · cites it 2× “Under Idaho Code § 42-1414 (1990), all water right claimants, including the United States, must pay "filing fees" when they submit their notices of claims.”
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995). · cites it 2× “§ 42-1423, which provides that the State and all state agencies are immune from awards of costs or attorney fees other than those costs required under I.C. § 42-1414 for appearing in a water rights adjudication.”
Idaho Ground Water Appropriators v. Dept of Water Resources (42775) & City of Pocatello v. Rangen, Inc. (42836), 369 P.3d 897 (Idaho 2016). · cites it 2× “IDWR had authority to promulgate the Adjudication Rules under Idaho Code sections 42-1414 and 42-1805(8). IDAPA 37.”
State v. Hagerman Water Right Owners, Inc., 947 P.2d 391 (Idaho 1997). · cites it 2× “shall not be required to pay any fees other than those provided in section 42-1414, Idaho Code for appearing in a proceeding brought under this chapter or any appeal of a matter arising from such proceeding.”
State ex rel. Higginson v. United States, 912 P.2d 614 (Idaho 1995). · cites it 2× “§ 42-1423, which provides that the State and all state agencies are immune from awards of costs or attorney fees other than those costs required under I.C. § 42-1414 for appearing in a water rights adjudication.”
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