42-201. WATER RIGHTS ACQUIRED UNDER CHAPTER — ILLEGAL DIVERSION AND APPLICATION OF WATER — USES FOR WHICH WATER RIGHT NOT REQUIRED — EXCLUSIVE AUTHORITY OF DEPARTMENT. (1) All rights to divert and use the waters of this state for beneficial purposes shall hereafter be acquired and confirmed under the provisions of this chapter and not […]
42-202. APPLICATION TO APPROPRIATE WATER — CONTENTS — FILING FEES — DISPOSITION OF FEES — RECORD OF RECEIPTS. (1) For the purpose of regulating the use of the public waters and of establishing by direct means the priority right to such use, any person, association or corporation hereafter intending to acquire the right to the […]
42-202A. TEMPORARY APPROVAL — APPLICATION — CRITERIA — EXCEPTIONS. (1) Any person, association or corporation hereafter intending to use the waters of any natural streams, springs or seepage waters, lakes or ground water, or other public waters in the state of Idaho, for a minor use of short duration may make application to the department […]
42-202B. DEFINITIONS. Whenever used in this title, the term: (1) "Consumptive use" means that portion of the annual volume of water diverted under a water right that is transpired by growing vegetation, evaporated from soils, converted to nonrecoverable water vapor, incorporated into products, or otherwise does not return to the waters of the state. Consumptive […]
42-203A. NOTICE UPON RECEIPT OF APPLICATION — PROTEST — HEARING AND FINDINGS — APPEALS. (1) Upon receipt of an application to appropriate the waters of this state, the department of water resources shall prepare a notice in such form as the department may prescribe, specifying: (a) the number of the application; (b) the date of […]
42-203B. AUTHORITY TO SUBORDINATE RIGHTS — NATURE OF SUBORDINATED WATER RIGHT AND AUTHORITY TO ESTABLISH A SUBORDINATION CONDITION — AUTHORITY TO LIMIT TERM OF PERMIT OR LICENSE. (1) The legislature finds and declares that it is in the public interest to specifically implement the state’s power to regulate and limit the use of water for […]
42-203C. HYDROPOWER WATER RIGHT — CRITERIA FOR REALLOCATION — WEIGHT — BURDEN OF PROOF. (1) If an applicant intends to appropriate water which is held in trust by the state of Idaho pursuant to subsection (5) of section 42-203B, Idaho Code, the director shall consider, prior to approving the application, the criteria established in section […]
42-203D. REVIEW OF PERMITS — OPPORTUNITY FOR HEARING. (1) The director of the department of water resources shall review all permits issued prior to July 1, 1985, which propose to divert water held in trust by the state of Idaho pursuant to subsection (5) of section 42-203B, Idaho Code, except to the extent a permit […]
42-204. EXAMINATION — PERMIT — COMMENCEMENT OF WORK — EXTENSIONS — APPEAL. (1) On receipt of the application, which shall be of a form prescribed by the department of water resources, it shall be the duty of that department to make an endorsement thereon of the date of its receipt and to examine said application […]
42-205. ISSUANCE OF PERMIT — RESTRICTIONS — PREFERENCE. (1) No permit shall be issued by the department of water resources of the state of Idaho, for the appropriation of water for power purposes, nor shall any such permit be assigned, transferred, mortgaged, sold or conveyed to any person, firm or corporation except in accordance with […]
42-206. RESIDENCE A REQUISITE FOR ISSUANCE. No permit to appropriate water for power purposes in the state of Idaho shall hereafter be granted to any person or association of persons not an actual bona fide resident or residents of the state of Idaho, nor to any corporation or partnership unless organized or qualified to do […]
42-207. SALE, TRANSFER, ASSIGNMENT OR MORTGAGE OF PERMIT. Whenever the holder of a permit to appropriate water for power purposes within the state of Idaho, desires to sell, assign, transfer or mortgage such permit so held by him, he shall file with the director of the department of water resources a copy of the deed, […]
42-208. CANCELLATION OR REVOCATION FOR NONCOMPLIANCE. Every permit to appropriate water for power purposes hereafter issued by the director of the department of water resources shall have plainly printed thereon, that the same is issued subject to the provisions of this act and in the event of its sale, transfer, assignment or of its being […]
42-209. EFFECT OF ILLEGAL TRANSFER. Every permit to appropriate water for power purposes that shall be sold, transferred, assigned or mortgaged in violation of the provisions of this act shall be immediately canceled, and the transfer thereof shall not be binding on the state of Idaho. History: [42-209, added 1937, ch. 142, sec. 5, p. […]
42-210. APPLICATION OF ACT. The provisions of this act shall not apply to any municipal corporations within the state. History: [42-210, added 1937, ch. 142, sec. 6, p. 233.]
42-211. AMENDED APPLICATION OR PERMIT — APPEALS. Whenever a permit has been issued pursuant to the provisions of this act, and the permit holder desires to change the place, period, or nature of the intended use, or make other substantial changes in the method of diversion or proposed use or uses of the water, he […]
42-212. DIVERSION OF PRIVATE WATERS. The department of water resources is hereby prohibited from issuing or granting permits to divert or appropriate the waters of any lake not exceeding five (5) acres in surface area at highwater mark, pond, pool or spring in this state, which is located or situated wholly or entirely upon the […]
42-213. DIVERSION OF PRIVATE WATERS — APPLICANTS MUST SHOW RIGHT OF WAY. All applications to the department of water resources for permits to divert or appropriate the waters of any lake, pond, pool or spring shall state whether such lake, pond, pool or spring is wholly or entirely upon the land of any person or […]
42-217. PROOF OF APPLICATION TO BENEFICIAL USE. (1) On or before the date set for the beneficial use of waters appropriated under the provisions of this chapter, or the date set for submission of an incremental statement of completion showing proof of beneficial use, the permit holder shall submit a statement on a form furnished […]
42-217a. CERTIFIED WATER RIGHT EXAMINER. The director shall adopt all necessary rules and regulations setting forth the procedures and requirements for qualification of licensed professional engineers or geologists to become certified water right examiners. An initial application fee of two hundred dollars ($200) shall be paid by those applying for certification with an annual renewal […]
