WSP11091

• File Number: 8149.100
• Description: Miscellaneous Small Projects and Project Studies - NRCS-Ft Lyon Canal Co Limestone Graveyard Creeks
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 10/5/1992
• Author: National Governors A
• Title: Idaho Water Banks
• Water Supply Pro - Doc Type: Report/Study

DRAINAGE

46

e~tions 36 and 38 of S L
plied as ** 42.1701'\ . 1993, ch. 216 are
ctively. and 42~1737, re,

. a - Hearings A
ns. - (a) All r-- ppeals_
reservoir with :n oJec~ proposals
) acre.feet shall b actlbve ~torage
N e su mltted to
o construction shall b
diver' b e com-
SlOn e perm'tt d . ,
ed and the board ~ e . prl?r to '~
tion or diversion I '3; instItute ,!
tified by the b 'd n e event a
shall constitu:ar to t~e. direc-
302, Idaho COde the petItIon for
lation of perm';" and, pursuant
irector. I Issued for such

osal shall be a
e following cri~~~:~ed, or dis-

ter for all PUrposes'
of th .
e waters involved
or all beneficial purpos~s '
ntrol. ' In-

r?priation for beneficial .
, Impracticable or unr Use.
eason~

waters of this state or to th
nce of a permit for the projec~

r other laws of th'
IS state
t erocedures for notice and
e submitted to the b d
s. The board or its hea o?r
~ to require the attend:~~;
s, records and pa
se th b pers as it
e oard may issue a
s tecum to compel th
all be served and ret~r~:~
se. In case of any d' b .
d ISO edl-
uc~s tecum it shall be the
te,1n which such disobedi_
reof, on application by the
.n tempt as in th
tT ecaseofa
. he sponsor of a pro 'ect
Powers and shall have ath
Dr does t e
no appear at th
ent cau th e
se, e board shall

.--'---

Sec. ee. ref. Sections 42.1761
42.1764 are referred to in ! 42.1763A.

42-1763. Rentals from bank - Approval by director. - The terms
and conditions of any rental of water from the water supply bank must be
approved by the director of the department of water resources. The director
of the department of water resources may reject and refuse approval for or
may partially approve for a less quantity of water or may approve upon
conditions any proposed rental of water from the water supply bank where
the proposed use is such that it will reduce the quantity of water available
under other existing water rights, the water supply involved is insufficient
for the purpose for which it is sought, the rental would cause the use of
water to be enlarged beyond that authorized under the water right to be
rented, or it will conflict with the local public interest where the local
public interest is defined as the affairs of the people in the area directly
affected by the proposed use, The director shall consider in determining
whether to approve a rental of water for use outside of the state of Idaho
those factors enumerated in subsection (3) of section 42-401, Idaho Code.
[LC., ~ 42-1763, as added by 1979, ch. 193, ~ 3, p. 560; am, 1990, ch. 318,
~ 2, p. 868; am. 1992, ch. 101, ~ 1, p. 319,]

42-1763A. Interim authority for rental of storage water to aug.
ment lower snake river flows during the migration of snake river

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