Idaho State Statutes - Idaho Attorney Directory

(1) Upon receipt by the
department of water resources of all the evidence in relation to such final
proof, it shall be the duty of the department to carefully examine the same,
and if the department is satisfied that the law has been fully complied with
and that the water is being used at the place claimed and for the purpose for
which it was originally intended, the department shall issue to such user or
users a license confirming such use. Such license shall be issued under the
seal of the office of the department of water resources, and shall state the
name and post-office address of such user, the purpose for which such water is
used, the quantity of water which may be used, which in no case shall be an
amount in excess of the amount that has been beneficially applied. A license
may be issued to a municipal provider for an amount up to the full capacity of
the system constructed or used in accordance with the original permit provided
that the director determines that the amount is reasonably necessary to
provide for the existing uses and reasonably anticipated future needs within
the service area and otherwise satisfies the definitions and requirements
specified in this chapter for such use. The director shall condition the
license to prohibit any transfer of the place of use outside the service area,
as defined in section 42-202B, Idaho Code, or to a new nature of use of
amounts held for reasonably anticipated future needs together with such other
conditions as the director may deem appropriate.
(2) If such use is for irrigation, such license shall give a description,
by legal subdivisions, of the land which is irrigated by such water, except
that the general description of a place of use described in accordance with
subsection (5) or (6) of this section may be described using a digital
boundary, as defined in section 42-202B, Idaho Code. If the use is for
municipal purposes, the license shall describe the service area and shall
state the planning horizon for that portion of the right, if any, to be used
for reasonably anticipated future needs.
(3) Such license shall bear the date of the application for, and the
number of, the permit under which the works from which such water is taken
were constructed; the capacity of such works; the date when proof of
beneficial use of such water was made, and also the date of the priority of
the right confirmed by such license.
(4) The date of priority confirmed by the license shall be the date of
the application for the permit for the construction of the works from which
the water is taken, and to which the right relates, provided there has been no
loss of priority under the provisions of this chapter. Whenever proof of the
beneficial application of water shall be offered subsequent to the date stated
in the permit, or in any authorized extension thereof, when such beneficial
application shall be made, the proof shall be taken, if received by the
department within the sixty (60) days prescribed in the preceding section. If
the proof taken is satisfactory to the department of water resources, a
license shall be issued by the department the same as though proof had been
made before the date fixed for such beneficial application. The priority of
the right established by the proof shall not date back to the date of the
application for the permit to which the right would relate under the
provisions of this chapter, but shall bear a date which shall be subsequent to
the date of the application, a time equal to the difference between the date
set in the permit, or extension thereof, for such beneficial application of
water and the date of proof.
(5) For irrigation projects where the canals constructed cover an area of
twenty-five thousand (25,000) acres or more, or within irrigation districts
organized and existing as such under the laws of the state of Idaho, the
license issued shall be issued to the persons, association, company,
corporation or irrigation district owning the project, and final proof may be
made by such owners for the benefit of the entire project. It shall not be
necessary to give a description of the land by legal subdivisions but a
general description of the entire area under the canal system shall be
sufficient. The water diverted and the water right acquired thereby shall
relate to the entire project and the diversion of the water for the beneficial
use under the project shall be sufficient proof of beneficial use without
regard as to whether each and every acre under the project is irrigated or
not.
(6) For an irrigation project developed under a permit held by an
association, company, corporation or the United States to divert and deliver
or distribute surface water under any annual charge or rental for beneficial
use by more than five (5) water users in an area of less than twenty-five
thousand (25,000) acres, the license issued shall be issued to the permit
holder. For the place of use description in the license issued for the
irrigation project, it shall be sufficient to provide a general description of
the area within which the total number of acres developed under the permit are
located and within which the location of the licensed acreage can be moved
provided there is no injury to other water rights.
(7) Subject to other governing law, the location of the acreage irrigated
within a generally described place of use, as defined in accordance with
subsections (5) and (6) of this section and as filed with the department
pursuant to section 43-323, Idaho Code, may be changed without approval under
the provisions of section 42-222, Idaho Code. However, the change shall not
result in an increase in either the rate of flow diverted or in the total
number of acres irrigated under the water right and shall cause no injury to
other water rights. If the holder of any water right seeks to challenge such a
change, the challenge may only be brought as an action initiating a contested
case before the department, pursuant to the administrative procedure act,
chapter 52, title 67, Idaho Code. Nothing in this section shall be construed
to grant, deny or otherwise affect an irrigation district's authority to
deliver water to areas outside the boundaries of such district.
(8) In the event that the department shall find that the applicant has
not fully complied with the law and the conditions of permit, it may issue a
license for that portion of the use which is in accordance with the permit, or
may refuse issuance of a license and void the permit. Notice of such action
shall be forwarded to the permit holder by certified mail. The applicant may
contest such action by the department pursuant to section 42-1701A(3), Idaho
Code.

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