Idaho Code
Idaho Code

Idaho Code § 42-212 (2026)

Diversion of private waters. 

✓ current as of May 2026
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Diversion of private waters. 

The department of water resources is hereby prohibited from issuing or granting permits to divert or appropriate the waters of any lake not exceeding five (5) acres in surface area at highwater mark, pond, pool or spring in this state, which is located or situated wholly or entirely upon the lands of a person or corporation, except to the person or corporation owning said land, or with his or its written permission, executed and acknowledged as required for the conveyance of real estate.

Notes of Decisions
Cited in 5 cases, 1959–1996 · leading case: Olson v. Bedke, 555 P.2d 156 (Idaho 1976).
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Olson v. Bedke, 555 P.2d 156 (Idaho 1976). · cites it 6× “,” I.C. § 42-212, and yet Olsons claim in an affidavit filed in opposition to Bedkes’ motion for summary judgment that “Bedke has consistently allowed the creek to run into Raft River, thusly intermingling its waters with those of Raft River, and quite possibly making them…”
Nordick v. Sorensen, 338 P.2d 766 (Idaho 1959). · cites it 4× “This rule is sanctioned by the statute, I.C. § 42-212, which prohibits the department of reclamation from granting a permit to divert or appropriate the waters of any spring situate entirely upon the lands of an owner, excepting to the owner or with the owner’s written…”
Branson v. Miracle, 687 P.2d 1348 (Idaho 1984). · cites it 4× “The Bransons, however, argue that the water falls within I.C. § 42-212 which defines those waters in the state as private and thus not appropriable without permission from the owner of the land situated thereon.”
Parke v. Bell, 539 P.2d 995 (Idaho 1975). · cites it 4× “I.C. § 42-212. We disagree. First, concerning Kimes Spring, Bell is the successor in interest of original appropriators of the waters from Cow Gulch.”
Branson v. Higginson, 912 P.2d 642 (Idaho 1996). · cites it 4× “According to the Bransons, this water is “private water” within the meaning of I.C. § 42-212. Notably, however, in Branson I, the Bransons stated the following as an issue to be addressed by this Court: 3.”
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