No judgment for costs or award of attorneys fees against the state of Idaho, any state agency, or any officer or employee of the state of Idaho shall be allowed in any water rights adjudication proceeding pursuant to this chapter. The state of Idaho expressly refuses to waive its sovereign immunity to the imposition of any judgment for costs or award of attorney fees. The state of Idaho, state administrative agency, or any officer or employee shall not be required to pay any fees other than those provided in section 42-1414, Idaho Code, for appearing in a proceeding brought under this chapter or any appeal of a matter arising from such proceeding.
Idaho Code § 42-1423
Attorneys fees and costs against the state of Idaho, any state agency or any officer or employee
Applied in 1 court decision — leading case State v. Hagerman Water Right Owners, Inc. (1997)
Most recently applied in State v. Hagerman Water Right Owners, Inc. (September 1997)
I.C., § 42-1423, as added by 1994, ch. 454, § 30, p. 1443.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.