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CONTENTS Title Page — 42. Irrigation and Drainage Water Rights and Reclamation .... 1 43. Irrigation Districts 633 Index 869 IDAHO CODE CONTAININGTHE GENERAL LAWS OF IDAHO ANNOTATED ORIGINALLYPUBLISHED BYAUTHORITYOF LAWS 1947, CHAPTER 224 REPUBLISHED BYAUTHORITYOF LAWS 1949, CHAPTER 167ASAMENDED Compiled Under the Supervision ofthe Idaho Code Commission THOMAS A. MILLER RICHARD GOODSON DANIEL BOWEN R. COMMISSIONERS MAX M. SHEILS, JR. EXECUTIVE SECRETARY TITLES 42-43 MICHIE LEXIS, NEXIS,Shepard'sandMartindale-Hubbell areregisteredtrademarks, LEXIS Publishing and MICHIE are trademarks, and lexis.com is a service mark of Reed ElsevierPropertiesInc.,usedunderlicense.MatthewBenderisaregisteredtrademark ofMatthew Bender Properties Inc. © 2003 Matthew Bender & Company, Inc. All rights reserved. 4227612 ISBN 0-327-04328-8 'Michie" and the Open Book and Gavel logo are trademarks ofLEXIS Publishing, a division of Reed Elsevier Inc. (Pub.42205) . PUBLISHER'S NOTE Since the publication in 1996 of Replacement Titles 42-43, many laws have been amended orrepealed and manynew laws havebeen enacted. The resulting increase in the size ofthe cumulative supplement for Titles 42-43 hasmadeitnecessarytorevisethisvolume.Accordingly, ReplacementTitles 42-43 are issued with the approval and under the direction of the Idaho Code Commission. To better serve our customers, by making our annotations more current, LexisNexis has changed the sources that are read to create annotations for this publication. Rather than waiting for cases to appear in printed reporters, court decisions are now being read as they are released by the courts. A consequence of this more current reading of cases, as they are posted on lexis.com, is that the most recent cases annotated may not yet have print reporter citations. These will be provided, as they become available, through later publications. This publication contains contains annotations taken from decisions of the enacted by the Idaho Supreme Court and the Court ofAppeals, and the appropriate federal courts, posted on lexis.com as ofMarch 14, 2003. These cases will be printed in the following reports: Pacific Reporter, 3rd Series Federal Supplement, 2nd Series Federal Reporter, 3rd Series United States Supreme Court Reports, Lawyers' Edition, 2nd Series Additionally, annotations have been taken from the following sources: American Law Reports, 5th Series, through Volume 103 American Law Reports, Federal Series, through Volume 181 Opinions ofAttorney General, 2002-2 Following is an explanation ofthe abbreviations ofthe Court Rules used throughout the Idaho Code. I.R.C.R Idaho Rules ofCivil Procedure I.R.E Idaho Rules ofEvidence I.OR. Idaho Criminal Rules M.C.R. Misdemeanor Criminal Rules I.I.R. Idaho Infraction Rules I.J.R. Idaho Juvenile Rules I.C.A.R. Idaho CourtAdministrative Rules I.A.R. Idaho Appellate Rules If you have any questions or suggestions concerning the Idaho Code, please write or call toll free 1-800-833-9844, fax toll free at 1-800-643-1280, or email us at [email protected]. in IV Visit our website at http://www.lexisnexis.com for an online bookstore, technical support, customer service, and other company information. LexisNexis Attn: Customer Service 1275 Broadway Albany, NY 12204-2694 USER'S GUIDE In order to assist both the legal profession and the layman in obtaining the maximum benefit from the Idaho Code, a User's Guide has been included herein. This guide contains comments and information on the many features found within the Idaho Code intended to increase the usefulness ofthis set oflaws to the user. See the first volume ofthis set for the complete User's Guide. Digitized by the Internet Archive 2013 in http://archive.org/details/govlawidcode4243