State Codes and Statutes
Statutes > Idaho > Title42 > T42ch26 > T42ch26sect42-2603IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
CHAPTER 26
SALE OF WATER RIGHTS
42-2603. Jurisdiction of department of water resources. The report of the department of water resources shall be considered at the first meeting of the department held thereafter, together with such other information and data in relation to such irrigation works as has been filed with the department, and the said department shall thereupon determine the number of water rights, units or shares of water which may be sold in such works or irrigation system, and the number of acres which may be irrigated therefrom, and the form of contract or deed which shall be given to the purchasers thereof; and the department shall issue to the owners of such irrigation works a certificate in appropriate form, certifying or showing the number of water rights, units or shares of water which may be sold in such works, as then constructed, and the number of acres which may be irrigated therefrom, and the form of contract or deed which shall be given to the purchasers of water rights therein. Such certificate, or a duly certified copy thereof, shall be recorded in the county recorder’s office in each county in which lands are situated for which water rights are sold in such irrigation works, prior to the sale of any water rights therein, provided that no such certificate shall be issued unless and until the department of water resources has had available and has considered reliable data and records of stream flow and water supply appertaining to the water desired to be sold, covering a period of at least five (5) years.
