Idaho State Statutes - Idaho Attorney Directory

On or before the date set
for the beneficial use of waters appropriated under the provisions of this
chapter, the permit holder shall submit a statement that he has used such
water for the beneficial purpose allowed by the permit. The statement shall
include:
1. The name and post-office address of the permit holder.
2. The permit number.
3. A description of the extent of the use.
4. In the case of a municipal provider, a revised estimate of the
reasonably anticipated future needs, a revised description of the service
area, and a revised planning horizon, together with appropriate supporting
documentation.
5. The source of the water used.
6. Such other information as shall be required by the blank form
furnished by the department.
Such written proof as may be required to be submitted by such user shall
be upon forms furnished by the department of water resources and shall include
fees as provided in subsection K. of section 42-221, Idaho Code, or a field
examination report prepared by a certified water right examiner.
Upon receipt of such proof and the fee as required in section 42-221,
Idaho Code, by the department of water resources the department shall examine,
or cause to be examined:
1. The place where such water is diverted and used, and, if the use is
for irrigation, he shall ascertain the area and location of the land irrigated
and the nature of all the improvements which have been made as a direct result
of such use.
2. The capacities of the ditches or canals or other means by which such
water is conducted to such place of use, and the quantity of water which has
been beneficially applied for irrigation or other purposes.
The department or the person making such examination under the direction
of the department shall prepare and file a report of the investigation:
provided, that whenever an irrigation project is developed in the name of an
association, company, corporation, irrigation district or the United States as
provided in section 42-219, Idaho Code, proof of beneficial use shall be made
by the permit holder. The lands upon which the water has been used need not be
described by legal subdivisions, but may be described as provided in section
42-219, Idaho Code, and it shall only be necessary to show in such cases that
the quantity of water beneficially applied for irrigation has been applied
within the limits of the project.
Holders of permits who have submitted proof of beneficial use but have not
had their project examined for beneficial use shall submit the fee required in
section 42-221, Idaho Code, within sixty (60) days of notification by the
director of the department of water resources that a license examination fee
is required. Failure to submit the fee in the time allowed shall be cause for
the director to advance the date of priority of the permit one (1) day for
each day that the fee is late; provided that if the fee is not fully paid
within one (1) year of the time it is due, the director of the department of
water resources may consider the proof of beneficial use for the permit to be
incomplete and lapse the permit, as provided in section 42-218a, Idaho Code.

Click here to visit the Official Idaho State Statutes