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Show SPECIAL STATUTORY ADJUDICATION PROCEDURES 467 In Idaho, a somewhat different provision, but one that may in effect amount to a transfer similar to that in Oregon, or may be no more than a court reference procedure, as discussed below, declares that whenever a suit is filed in court by private parties for the purpose of adjudicating the priority of water rights, prior to such adjudication that judge may request the Department of Reclamation to make an examination of the water system in the manner provided for in sections 42-1408 to 42-1412, which are part of the statutory adjudication provisions. The Department is directed to prepare a map of the area and "a report in the nature of a proposed finding of water rights," as provided in sections 42-1408 to 42-1412.133 Sections 42-1408 to 42-1412, referred to in this provision, contain the procedures for examining the stream system, joining the parties, the hearing and report by the State Reclamation Engineer, the court hearing, and provisions with respect to the decree and appeal to the supreme court. In directing the Department to examine the stream system and prepare a map and proposed finding of water rights in accordance with these sections, among other difficulties, it is unclear whether the legislature intended that the provisions in those sections also should be followed regarding the role of the court upon the receipt of the State Reclamation Engineer's report,134 or whether the court is to proceed in this regard as in an ordinary civil action.135 If the former course was intended, this may in effect constitute a transfer of the action to a statutory adjudication proceeding, similar to the Oregon provision discussed above. But if the latter course was intended, this may constitute no more than a court reference procedure such as those described below.136 Private Actions in Which State Agencies Participate The water rights statutes of a majority of the Western States provide for some form of State participation or intervention in a suit brought by private parties to determine water rights; and in most of these jurisdictions this is in addition to some form of a special statutory procedure previously de- scribed. '"Idaho Code Ann. § 42-1401 (Supp. 1969). 134 It is unclear, for example, whether the following provision in § 42-1410 must be followed: "Where no objection is filed with regard to any right found to exist by the state reclamation engineer as evidenced by his report, the district judge shall affirm the right as therein found." 13sWhile it is not expressly provided that § § 42-1408 to 42-1412 shall be followed by the court in this regard, one of the sections referred to (42-1411) pertains only to the court, rather than the State Reclamation Engineer, and another section (42-1412) pertains to appeals from the court's decree. 136Except that, unlike the Califernia and Kansas court reference procedures described below, the Idaho procedure expressly incorporates by reference at least some portion of the State's general statutory adjudication provisions. |