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<br />42-1765
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<br />48
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<br />IRRIGATION AND DRAINAGE
<br />
<br />salmon. [Null and void on and nfter January 1, 1995.]
<br />(1) Notwithstanding the legislative approval required in section 42-108,
<br />Idaho Code, storage water from reservoirs within the state of Idaho may be
<br />rented through the water bank operated by the Idaho water resource board
<br />pursuant to sections 42-1761 through 42-1764, Idaho Code, pursuant to
<br />water bank rules or through local rental pools created pursuant to section
<br />42-1765, Idaho Code, to augment flows in and out of the state of Idaho for
<br />salmon migration provided said flows are used for power production pur-
<br />poses within the state of Idaho.
<br />(2) During the test period, the director shall not be required to determine
<br />under section 42-1763, Idaho Code, whether the water supply is sufficient
<br />for the purpose for which it is sought, whether the rental would cause the
<br />use of water to be enlarged beyond that authorized under the water right to
<br />be rented, whether such use is in the public interest, or whether such use is
<br />consistent with the factors enumerated under subsection (3) of section
<br />42-401, Idaho Code.
<br />(3) Any water made available for the purposes of this section shall be
<br />obtained only from willing lessors, Any stored water released for the pur-
<br />poses of this section from reservoirs located within a basin having a local
<br />rental pool committee established pursuant to section42-1765, Idaho Code,
<br />shall be rented pursuant to this section only through the local rental pool
<br />committee.
<br />(4) The board may make water available from the water bank or through
<br />the local rental pool committees for the purposes of this section in accor.
<br />dance with an annual water flow augmentation plan prepared by those
<br />entities proposing the rental of water and approved by the director. The
<br />director's review and approval of such plan shall be based upon, among
<br />other things, a determination that the water rented pursuant to this act
<br />will be used as part of a regional coordinated effort to enhance salmon
<br />migration and that other parties are making a proportional contribution to
<br />solving the salmon migration problem.
<br />(5) Nothing in this act shall constitute a finding by the legislature that
<br />the rental or use of water for augmentation of flows for salmon migration is
<br />a beneficial use of water, is in the public interest, or whether such use
<br />injures existing water rights, [LC., ~ 42-1763A, as added by 1992, ch. 101,
<br />~ 2, p. 319.]
<br />
<br />Compiler's notes. Section 4 of S.L. 1992,
<br />ch, 101 read: "Section 2 l~ 42.1763A] of this
<br />act shall be null, void and of no force and
<br />effect on and after January 1, 1995."
<br />The words "this act" refer to S.L. 1992, ch.
<br />101, which is compiled as 9~ 42-1763 and
<br />42-1763A,
<br />
<br />Section 3 of S.L. 1992, ch. 101 read: "An
<br />emergency existing therefor, which emer-
<br />gency is hereby declared to exist, this act
<br />shall be in full force and effect on and after
<br />its passage and approva1." Approved March
<br />30, 1992,
<br />
<br />
<br />49
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<br />~ 5, p. 560;
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<br />Compiler's
<br />ch. 339 is cot
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<br />in ~~ 42-605.
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