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<br />42-1765
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<br />snlmon. [Null nnd after January 1, 1995.] -
<br />(1) Notwithstanding t val required in section 42-108,
<br />Idaho Code, storage w ter from reservoi within the state ofIdaho may be
<br />rented through the w, ter bank operate by the Idaho water resource board
<br />pursuant to sectio 42-1761 throu 42-1764, Idaho Code, pursuant to
<br />water bank rules through local r tal pools created pursuant section
<br />42-1765, Idaho C e, to augment ws in and out of the state f daho for
<br />salmon migratio provided said ows are used for power p duction pur-
<br />poses within t state of Idah .
<br />(2) During t e test period, th director shall not be req red to determine
<br />under section 1<12-1763, Idaho ode, whether the water pply is sufficient
<br />for the purp e for which it' sought, whether the re al would cause the
<br />use of water 0 be enlarged eyond that authorized u er the water right to
<br />be rented, hether such us is in the public interest or whether such use is
<br />consistent with the fact s enumerated under bsection (3) of section
<br />42-401, I aho Code.
<br />(3) A water made vailable for the purpo es of this section shall be
<br />obtaine only from wi ing lessors. Any store water released for the pur-
<br />poses 0 this section om reservoirs located ithin a basin having a local
<br />rental 001 committe established pursuant 0 section"42-1765, Idaho Code,
<br />shaH e rented pur uant to this section 0 y through the local rental poo
<br />com ittee.
<br />(4 The board ay make water availa e from the water bank or thro gh
<br />the ocal rental 001 committees for th purposes of this section in ccor-
<br />da ce with an nnual water flow au mentation plan prepared b those
<br />en ities propos' g the rental of wat and approved by the dire or. The
<br />di ector's revi wand approval of s ch plan shall be based up , among
<br />o er things, a determination that he water rented pursuan to this act
<br />ill be use as part of a region coordinated effort to en nce salmon
<br />igration a d that other parties re making a proportional ntribution to
<br />olving th salmon migration oblem.
<br />( Not ing in this act shall onstitute a finding by th legislature that
<br />renta or use of water for a mentation of flows for s mon migration is
<br />a benefi ial use of water, is' the public interest, 0 whether such use
<br />injures xisting water rights. I.C., ~ 42-1763A, as ad ed by 1992, ch. 101,
<br />~ 2, p. 319.]
<br />
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<br />Section 3 of ,L. 1992, ch. 101 read: uAn
<br />emergency e sting therefor, which emer-
<br />gency is her by declared to exist, this act
<br />shall e in II force and effect on and after
<br />its pa sag and approval." Approved March
<br />30, 1 92.
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<br />42-1765. Local committees - Rental of stored water - Apportion-
<br />ment of rental proceeds. - The water resource board may appoint local
<br />committees, including water district advisory committees as provided in
<br />section 42-605(6), Idaho Code, to facilitate the rental of stored water, When
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<br />DIRECTOR OF
<br />
<br />so appointed, the commi
<br />water between consentin
<br />regulations adopted by tJ
<br />resources may approve ~
<br />may utilize to meet th,
<br />42-1763, Idaho Code,
<br />In exercising its autho
<br />if also the advisory coml
<br />vance, at the annual m
<br />pursuant to section 42-61
<br />ceeds for the year from
<br />contract holders of the
<br />costs and that portion to
<br />is located. Any proceeds
<br />the advisory committee'
<br />in section 42-613A, Idat
<br />the ter users of the d
<br />, p. 560; am. 1986, cl
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<br />Compiler's notes. Section
<br />ch. 339 is compiled as ~ 42-
<br />Sec. to sec. ref. This seetie
<br />in ** 42.605, 42-1763A.
<br />Opinions of Attorney Gel
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<br />DIRECTOR'
<br />
<br />SECTION.
<br />42-1805. Additional duties.
<br />
<br />42-1805. AdditioUl
<br />by law, the director of
<br />following powers and
<br />(1) To represent the
<br />international water ri!
<br />ate with all agencies,
<br />state or within other jl
<br />the water resources 0
<br />(2) To prepare a pre:
<br />of this state, ascertain
<br />these and determine a
<br />which these water res'
<br />this state.
<br />(3) To conduct suI"
<br />studies, and estimate
<br />water, effective use 01
<br />nnd use of water.
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