Idaho State Statutes - Idaho Attorney Directory

(1) The intent of this section
is to encourage the use of surface water for irrigation. All applicants
proposing to make land use changes shall be required to use surface water,
where reasonably available, as the primary water source for irrigation.
Surface water shall be deemed reasonably available if:
(a) A surface water right is, or reasonably can be made, appurtenant to
the land;
(b) The land is entitled to distribution of surface water from an
irrigation district, canal company, ditch users association, or other
irrigation delivery entity, and the entity's distribution system is
capable of delivering the water to the land; or
(c) An irrigation district, canal company, or other irrigation delivery
entity has sufficient available surface water rights to apportion or
allocate to the land and has a distribution system capable of delivering
the water to the land.
(2) Consistent with sections 42-108 and 42-222, Idaho Code, any change in
the nature of use of surface water provided by an irrigation delivery entity
must be authorized by the entity holding the water right(s) for the available
surface water. Nothing in this section shall alter the authority and
discretion of irrigation delivery entities to apportion, allocate and
distribute surface water, or for municipalities, counties, or water and sewer
districts to pass ordinances or regulations to promote the use of surface
water for irrigation.
(3) Nothing in this section shall be construed to override or amend any
provision of title 42 or 43, Idaho Code, or impair any rights acquired
thereunder.
(4) When considering amending, repealing or adopting a comprehensive
plan, the local governing board shall consider the effect the proposed
amendment, repeal or adoption of the comprehensive plan would have on the
source, quantity and quality of ground water in the area.

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