42-237b ADMINISTRATIVE DETERMINATION OF ADVERSE CLAIMS. - Idaho Statutes

TITLE 42

IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION

CHAPTER 2

APPROPRIATION OF WATER -- PERMITS, CERTIFICATES, AND LICENSES -- SURVEY

42-237b. Administrative determination of adverse claims. Whenever any person owning or claiming the right to the use of any surface or ground water right believes that the use of such right is being adversely affected by one or more user[s] of ground water rights of later priority, or whenever any person owning or having the right to use a ground water right believes that the use of such right is being adversely affected by another’s use of any other water right which is of later priority, such person, as claimant, may make a written statement under oath of such claim to the director of the department of water resources.

Such statement shall include:

1. The name and post-office address of the claimant.

2. A description of the water right claimed by the claimant, with amount of water, date of priority, mode of acquisition, and place of use of said right, if said right is for irrigation, a legal description of the lands to which such right is appurtenant.

3. A similar description of the respondent’s water right so far as is known to the claimant.

4. A detailed statement in concise language of the facts upon which the claimant founds his belief that the use of his right is being adversely affected.

Upon receipt of such statement, if the director of the department of water resources deems the statement sufficient and meets the above requirements, the director of the department of water resources shall issue a notice setting the matter for hearing before a local ground water board, constituted and formed as in this act provided. The person or persons against whom such claim is directed and who are asserted to be interfering with the claimant’s rights shall in such proceedings be known as respondents. The notice shall be returned to the claimant who shall cause the same to be served upon the respondent together with a copy of the statement. Such service shall be made at least five (5) days before the time fixed for hearing and in the same manner that service of summons is made in a civil action. Proof of service of notice shall be made to the director of the department of water resources by the claimant at least two (2) days before the hearing.