Idaho Code
Idaho Code § 42-351 (2026)
Illegal diversion or use of water — Enforcement procedure — Injunctive relief.
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
Illegal diversion or use of water — Enforcement procedure — Injunctive relief.
(1) It is unlawful for any person to divert or use water:
(a) From a natural watercourse or from a ground water source without having obtained a valid water right to do so;
(b) Not in conformance with a valid water right; or
(c) In substantial violation of any provision of this title, or any rule, permit, condition of approval, or order issued or promulgated pursuant to this title that is related to the diversion or use of water.
(2) Upon investigation of available information, the director of the department of water resources shall have the discretion to:
(a) Issue a written notice of violation to the person in accordance with the provisions of section 42-1701B, Idaho Code, for the illegal diversion or use of water; or
(b) Proceed with enforcement actions pursuant to section 42-1701C, Idaho Code, in cases of diversions for domestic purposes or uses as defined in section 42-111, Idaho Code; and
(3) Notwithstanding the provisions of subsection (2) of this section, the director may also file an action seeking injunctive relief directing the person to cease and desist the activity or activities alleged to be in violation of applicable law or any existing water right.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2001–2024 · leading case: Barron v. Idaho Dep't of Water Resources, 18 P.3d 219 (Idaho 2001).
Barron v. Idaho Dep't of Water Resources, 18 P.3d 219 (Idaho 2001). “See I.C. §§ 42-351, 42-2933. The Court holds, however, that Barron’s position is not well supported.”
Whittaker v. Idaho Dep't of Water Resources (Idaho 2024). “See I.C. § 42-351(1) (stating that it is unlawful for any person to divert water from a natural watercourse without having obtained a valid water right to do so).”
— Idaho Code § 42-351(1) — 1 case
Whittaker v. Idaho Dep't of Water Resources (Idaho 2024). “See I.C. § 42-351(1) (stating that it is unlawful for any person to divert water from a natural watercourse without having obtained a valid water right to do so).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.