Idaho State Statutes - Idaho Attorney Directory

EXAMINATION -- PERMIT -- COMMENCEMENT OF WORK -- EXTENSIONS --
APPEAL. 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 indorsement thereon of the date of its receipt, and to examine said
application and ascertain if it sets forth all the facts necessary to show the
location, nature and amount of the proposed use. If upon such examination the
application is found defective, it shall be the duty of the department of
water resources to return the same for correction or to correspond with the
applicant to obtain the needed information or amendments. If the application
is returned to the applicant or the department shall request additional
information and the applicant fails to return the corrected application or to
supply the needed information within thirty (30) days, the department may void
the record of said application and notify the applicant of such action. If the
corrected application is returned or the information is supplied after thirty
(30) days, such corrected application shall be treated in all respects as a
new application, and the priority of the right initiated shall be determined
by the date of receipt, in the office of the department, of the corrected
application or additional information; provided, that upon request, and good
cause appearing therefor, the director of the department of water resources
may grant an extension of time within which to return the corrected
application or supply needed information. All applications which shall comply
with the provisions of this chapter and with the regulations of the department
of water resources shall be numbered in such manner as will aid in their
identification, and it shall be the duty of the department to approve all
applications, made in proper form, which contemplate the application of water
to a beneficial use: provided, that the department may deny any such
application, or may partially approve and grant permit for a lesser quantity
of water than applied for, or may grant permit upon conditions as provided in
the preceding section.
The department of water resources shall issue a permit for any approved
application, make a record of the approval and provide a copy of the permit to
the applicant, who shall be authorized, on receipt thereof, to proceed with
the construction of the necessary works for the diversion of such water, and
to take all steps required to apply the water to a beneficial use and perfect
the proposed appropriation. The department shall require that actual
construction work and application of the water to full beneficial use shall be
complete within a period of five (5) years from the date of such approval, but
may limit the permit to a less period than is named in the application, and
the permit shall set forth the date when beneficial application of the water
to be diverted by such works shall be made. Sixty (60) days before the date
set for the completion of the appropriation of water under any permit, the
department shall forward a notice to the applicant by certified mail at his
address of record of the date for such completion, which said notice shall
advise the applicant of the necessity of submitting an affidavit of completion
or a request for an extension of time on or before said date; Provided that:
1. In cases where the applicant is prevented from proceeding with his
work by his failure to obtain necessary consent or final approval or rejection
from the federal government because of the pendency of an application for
right of way or other matter within the jurisdiction of the United States, or
by litigation of any nature which might bring his title to said water in
question, the department of water resources upon proper showing of the
existence of any such condition, and being convinced that said applicant is
proceeding diligently and in good faith, shall extend the time so that the
amount of time lost by such delays shall be added to the time given in the
original permit for each and every action required.
2. The time for completion of works and application of the water to full
beneficial use under any permit involving the diversion of more than
twenty-five thousand (25,000) acre feet in one (1) irrigation season for a
project of no less than five thousand (5,000) acres, may upon application to
the director of the department of water resources supported by a showing that
additional time is needed on account of the time required for organizing,
financing and constructing works of such large size, be extended by the
director of the department of water resources for an additional period of
seven (7) years, but not to exceed twelve (12) years in all from the date of
permit: Provided, that no such extension shall be granted unless the applicant
for such extension shall show that there has been actually expended toward the
construction of said diversion (including expenditures for the purchase of
rights of way and property in connection therewith) at least one hundred
thousand dollars ($100,000).
3. The time for completion of works and application of the water to full
beneficial use under any permit involving the construction of a reservoir of
more than ten thousand (10,000) acre feet capacity or for the appropriation of
water to be impounded in such reservoir of more than ten thousand (10,000)
acre feet capacity, may be extended by the director of the department of water
resources upon application to the director if the permittee establishes that
the permittee has exercised reasonable diligence and that good cause exists
for the requested extension.
4. In connection with permits held by the United States, or the Idaho
water resource board, whether acquired as the original applicant, by
assignment or otherwise, the director of the department of water resources may
extend the time for completion of the works and application of the water to
full beneficial use for such additional period or periods of time as he may
deem necessary upon application supported by a showing that such additional
time is required by reason of the status of plans, authorization, construction
fund appropriations, construction, or any arrangements which are found to be
requisite to completion of the construction of such works.
5. In all other situations not governed by these provisions the
department may grant one (1) extension of time, not exceeding five (5) years
beyond the date originally set for completion of works and application of the
water to full beneficial use, upon request for extension received on or before
the date set for completion, provided good cause appears therefor.
Any applicant feeling himself aggrieved by the decision of the department
of water resources regarding his application may request a hearing before the
director in accordance with section 42-1701A(3), Idaho Code, for the purpose
of contesting the decision and may seek judicial review pursuant to section
42-1701A(4), Idaho Code, of any final decision of the director following the
hearing.
Every holder of a permit which shall be issued under the terms and
conditions of an application filed hereafter appropriating twenty-five (25)
cubic feet or less per second must, within one (1) year from the date upon
which said permit issues from the office of the department of water resources,
commence the excavation or construction of the works by which he intends to
divert the water, and must prosecute the work diligently and uninterruptedly
to completion, unless temporarily interrupted through no fault of the holder
of such permit by circumstances, over which he has no control.
The holder of any permit who shall fail to comply with the provisions of
this section within the time or times specified shall be deemed to have
abandoned all rights under his permit.

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