Idaho Code

Idaho Code § 50-323 (2026)

Domestic water systems.

✓ current as of May 2026

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Domestic water systems.

Cities are hereby empowered to establish, create, develop, maintain and operate domestic water systems; provide for domestic water from wells, streams, water sheds or any other source; provide for storage, treatment and transmission of the same to the inhabitants of the city; and to do all things necessary to protect the source of water from contamination. The term "domestic water systems" and "domestic water" includes by way of example but not by way of limitation, a public water system providing water at any temperature for space heating or cooling, culinary, sanitary, recreational or therapeutic uses.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1969–2024 · leading case: North Idaho Bldg. Contractors Ass'n v. City of Hayden, 343 P.3d 1086 (Idaho 2015).

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North Idaho Bldg. Contractors Ass'n v. City of Hayden, 343 P.3d 1086 (Idaho 2015). · cites it 32× “As clearly stated in the opinion: Here, the district judge relied on provisions of the statutes that granted to the city the power “to establish, create, develop, maintain and operate domestic water systems” (I.C. § 50-323) and “[t]o prescribe and collect rates, fees, tolls, or…”

State v. Michael Jay Freitas, 335 P.3d 597 (Idaho Ct. App. 2014). · cites it 16× “Specifically, Freitas argues that the Section 2 grant of police power, along with the statutory power to regulate domestic water services granted to municipalities under I.C. § 50-323, has been limited by I.C. § 50 — 1030(f).”

City of Grangeville v. Haskin, 777 P.2d 1208 (Idaho 1989). · cites it 22× “On appeal of the judgment awarded by the magistrate, the district judge interpreted I.C. §§ 50-323 and 50-1030(f) to imply the power for the city "to prescribe such methods of collection as the imposition of a lien on property or direct personal liability of the property owner.”

Alpert v. Boise Water Corp., 795 P.2d 298 (Idaho 1990). · cites it 4× “I.C. § 50-323; § 50-325. The constitutional and statutory grant of franchise authority to the cities in *306 this respect is not nullified or altered by I.”

Vill. of Peck v. Denison, 450 P.2d 310 (Idaho 1969). · cites it 4× “38-39 (entire flow of stream); although the Village of Peck became a municipality only after the events giving rise to this litigation, we would have found it difficult not to allow the appropriation of some excess water (had there been any in fact) under I.C. § 50-323 and its…”

City of Challis v. Consent of the Governed Caucus, 361 P.3d 485 (Idaho 2015). · cites it 4× “The City of Challis had exercised its power under Idaho Code section 50-323 to construct and operate a domestic water system; had acted pursuant to Idaho Code section 50-309 to maintain a fire department and “to provide water for fire purposes” in the city; and decided to…”

Snake River Homebuilders Ass'n v. City of Caldwell, 607 P.2d 1321 (Idaho 1980). · cites it 2× “” The relevant “general law” in this case is I.C. § 50-323 which provides: “Cities are hereby empowered to: establish, create, develop, maintain and operate domestic water systems; provide for domestic water from wells, streams, watersheds or any other source; provide for…”

Von Wandruszka v. City of Moscow, 554 P.3d 603 (Idaho 2024). · cites it 3× “Complementing this power, the Idaho Revenue Bond Act provides that any city can prescribe and collect rates, fees, tolls or charges, including the levy or assessment of such rates, fees, tolls or charges against governmental units, departments or agencies, including the state of…”

City of Challis v. Consent of the Governed Caucus (Idaho 2015). · cites it 2× “The City of Challis had exercised its power under Idaho Code section 50-323 to construct and operate a domestic water system; had acted pursuant to Idaho Code section 50-309 to maintain a fire department and “to provide water for fire purposes” in the city; and decided to…”

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