Idaho Code
Idaho Code § 42-237 (2026)
Abandonment of water right — Change of point of diversion and place of use.
✓ current as of May 2026
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Abandonment of water right — Change of point of diversion and place of use.
The provisions relating to loss of water rights by nonuse and abandonment, as set forth in section 42-222, shall apply to ground water rights. The provisions of section 42-222, relating to change of point of diversion and change of place of use of water, shall be applicable to waters accruing from water rights, provided, that the withdrawal of waters from the same ground water supply at another location in lieu of withdrawal at the original location shall be considered a change of point of diversion.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1968–2024 · leading case: South Valley Ground Water v. ID Dept of Water Resources, 548 P.3d 734 (Idaho 2024).
South Valley Ground Water v. ID Dept of Water Resources, 548 P.3d 734 (Idaho 2024). “Despite this straightforward conclusion, the district court also looked to legislative changes to section 42-237 that occurred in 2021 in its analysis.”
State Ex Rerl. Tappan v. Smith, 444 P.2d 412 (Idaho 1968). “§ 42-222 8 and by I.C. § 42-237. 9 Both of the parties to this cause in presenting this appeal in effect state that a “collateral issue” is involved, i.”
Hart v. Stewart, 519 P.2d 1171 (Idaho 1974). “An appeal from a Water Board decision to the district court is governed by I.C. § 42-237 6 which provides that, “Any person dissatisfied with any decision, determination, order or action * * * of any local ground water board made pursuant to this act may within sixty (60) days…”
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