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<br /> <br />2JOi.J <br /> <br />~ <br /> <br />239 <br /> <br />42-1765 <br /> <br /> <br />o <br /> <br />for the purpo for which Jt-..i so <br />water to be nlarge beyond tfi <br />rented, or t will c nflict wit th <br /> <br />use of <br /> <br />affecte <br />withi <br />560; m. 1990, ch 3 <br /> <br />Sec. to sec. ref. This section is referred to <br />in ! 42.1765, <br /> <br />42-1764. Substitution for transfer proceeding' - Rights not sub. <br />ject to forfeiture - No dedication of rights. - (1) The approval of a <br />rental of water from the water supply bank may be a substitute for the <br />transfer proceeding requirements of section 42-222, Idaho Code. <br />(2) Water rights obtained by the board or by a local committee appointed <br />by the board and credited to the water supply bank are not subject to <br />forfeiture for nonuse pursuant to section 42-222(2), Idaho Code, while re- <br />tained in or rented from the water supply bank. The five (5) year period of <br />nonuse for forfeiture of a water right shall begin to accrue upon removal of <br />a right from the bank by the owner of the right if a period of nonuse did not <br />occur prior to the date of acceptance of the right into the bank. The five (5) <br />year period of nonuse shall continue to accrue if a period of nonuse occurred <br />prior to the effective date of acceptance of the right into the bank and the <br />right was not beneficially used while in the bank, <br />(3) The rental of water rights from the water supply bank shall not <br />constitute a dedication to the lands of any renter since the rental or distri- <br />bution of water by the water bank is only incidental to its primary purposes <br />listed in section 42-1761, Idaho Code. [I.C., ~ 42-1764, as added by 1979, ch. <br />193, ~ 4, p. 560; am. 1990, ch. 318, ~ 3, p. 868.] <br /> <br />Opinions of Attorney General. On its <br />face, this section seems to require that a <br />water right be accepted and subsequently <br />rented out in order to toll the forfeiture provi- <br />sions of ~ 42~222(2)i however, when this sec. <br />tion is interpreted in light of the entire Water <br /> <br />Supply Bank Act, it is possible to argue that <br />the forefeiture period should be tolled when- <br />ever a water right is placed into the bank. <br />Because of the ambiguity within the Act, it is <br />not possible to predict which interpretation a <br />conrt might adopt, OAG 88-4, <br /> <br />, <br /> <br /> <br />