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Show 262 IDAHO decree. However, there is a provision for a supplemental adjudica- tion for a user who was not joined as a party in an earlier decree of the water source.18 The early adjudication statute was found to be unconstitutional in certain respects by the Idaho Supreme Court, but upon reenactment these objectionable features were subsequently eliminated from the act.19 The statute was substantially amended in 1969 and has not been tested in court. A statutory adjudication in Idaho is considered to be in the nature of a quiet title action.20 It is not the exclusive procedure for deter- mining water rights and an individual may bring an action to quiet title to his water right.21 Also, the Idaho Water Resources Board is authorized to institute judicial proceedings to have water rights determined.22 An initial evaluation of the rights of claimants to a water source may also be accomplished at the time an appropriation is initiated. In order to approve a new application under the statutory pro- cedure for appropriating water, the director must refuse to grant the permit where he finds that the proposed use will reduce the quantity of water under existing rights. This statute sets forth a procedure for giving notice by publication of new applications, filing protests, and conducting hearings before the director on any application protested. Any party who formally appears at the hearings, and who is aggrieved by the decision of the director, may appeal his decision to the district court.23 Thus, this procedure often resolves water user disputes at the initial stage of a new appropriation. However, this procedure does not foreclose a prior appropriator from maintain- ing a cause of action for damages, or from seeking injunctive relief, if he believes that his rights are impaired by the junior appro- priator after approval of the new permit.24 Also, a statutory procedure is provided whereby the holder of a junior permit may challenge whether a prior permit holder has proceeded with reasonable diligence to perfect his right.26 2.3 Other Agencies Having Water Resource Responsibilities a. WATER QUALITY CONTROL Authority for water quality control in Idaho is vested with the board of health. The board is authorized to establish such water quality rules and regulations as are necessary to preserve and en- hance the quality of water for all beneficial uses; establish effluent quality rules; establish a permit system for the discharge of effluents; establish rules and regulations for sanitary drinking water and pub- lic water supplies; establish rules and regulations for the protection 18 Idaho Code sees. 42-1401 to 42-413. "Hutching, The Idaho Law of Water Rights, 5 Idaho Law Review 89-90 (1968). 20 Mays v. District Court, 34 Idaho 200, 200 Pac. 115 (1921). <*Mays v. District Court, 34 Idaho 200, 200 Pac. 115 (1921). 23 Idaho code sec. 42-1734(d). 23 Idaho code sec. 42-203, 204. 21 Bailey v. Idaho Irr. Co., 39 Idaho 354, 227 Pac. 1055 (1924) ; and Cartier v. Buck, 9 Idaho 571, 75 Pac. 612 (1904). 33 Idaho code sees. 42-301 to 42-311. |
