Idaho State Statutes - Idaho Attorney Directory

GENERAL ADJUDICATION -- VENUE -- NOTICE OF FILING --
COMMENCEMENT ORDER. (1) A general adjudication shall be brought in any
district court in which any part of the water system within the state of Idaho
is located. The clerk of the district court in which the petition is filed
shall send to the supreme court a true and certified copy of the petition. The
supreme court, by order, shall assign the judge to preside over the general
adjudication. Venue of the general adjudication shall be determined by order
or rule of the supreme court and venue of hearings under the general
adjudication shall be determined by order of the presiding judge.
(2) The director shall prepare, in plain and concise language, and
publish a notice of filing of a petition for entry of an order commencing a
general adjudication for three (3) consecutive weeks in a newspaper of general
circulation published in each county in which any part of the water system
proposed to be adjudicated is located. If there is no newspaper published
within a county, then the notice shall be published in a newspaper having
general circulation in that county. The date set for hearing on the petition
shall not be less than twenty (20) days after the last date of publication.
The director shall serve the notice of filing a petition on the United States
and on the state of Idaho. The director shall file affidavit(s) of service of
the notice of filing with the district court upon completion of service.
(3) The notice of filing shall contain:
(a) a description of the boundaries of the water system proposed for the
general adjudication;
(b) a statement of the date, place, and time of hearing before the
district court;
(c) a concise statement of the matters proposed to be considered before
the district court; and
(d) a statement that the district court will hear evidence and legal
argument from any person in response to any matter raised by the petition.
(4) With respect to a general adjudication commenced pursuant to section
42-1405, Idaho Code, if the district court determines that the public interest
and necessity will be served by a general adjudication, the district court
shall enter an order that includes the following:
(a) a provision that commences the general adjudication;
(b) a description of the boundaries of the water system for which a
general adjudication is commenced;
(c) a list of counties where the water system to be adjudicated and
administered is located and a designation of whether all or only a portion
of the county is included within the boundaries of the general
adjudication;
(d) a provision that requires all claimants to file a notice of claim or
negotiated agreement for all water rights from the water system, except
that the court may exclude those types of water rights designated in
paragraph (a) of subsection (1) of section 42-1420, Idaho Code;
(e) a determination of the method of service for claimants not disclosed
following completion of the service required by paragraphs (a) through (d)
of subsection (2) of section 42-1408, Idaho Code; and
(f) a statement that the files of the district court will contain
affidavits of service and other documents stating the persons served with
a copy of the notice of order commencing the general adjudication.
(5) Upon entry of a commencement order, the general adjudication shall
proceed in accordance with this chapter.
(6) Promptly upon entry of the commencement order, the clerk of the
district court shall send a certified copy of the order to the director, and
shall serve notice of entry of the order on all persons appearing before the
court in accordance with the Idaho rules of civil procedure.

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