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<br />.~' ."'\ (~. .'"1-
<br />~ oJ J .~
<br />
<br />AI~AGE
<br />
<br />48
<br />
<br />ter January 1, 1995.] _
<br />al required in section 42-108
<br />ithin the state of Idaho may b~
<br />the Idaho water resource board
<br />764, Idaho Code, pursuant to
<br />ols created pursuant to section
<br />d out of the state of Idaho for
<br />sed for power production pur-
<br />
<br />11 not be required to determine
<br />the water supply is sufficient
<br />er the rental would cause the
<br />rized under the water right to
<br />terest, or whether such use is
<br />der subsection (3) of section
<br />
<br />poses of this section shall be
<br />d, w~ter released for the pur-
<br />Ithm a basin having a local
<br />section 42-1765, Idaho Code,
<br />through the local rental pool
<br />
<br />m the water bank or through
<br />oses of this section in accor-
<br />tion plan prepared by those
<br />pproved by the director. The
<br />shall be based upon, among
<br />r rented pursuant to this act
<br />ed effort to enhance salmon
<br />I proportional contribution to
<br />
<br />lding by the legislature that
<br />flows for salmon migration is
<br />terest, or whether such use
<br />'I., as added by 1992, ch. 101,
<br />
<br />3 of S,L. 1992, ch, 101 read: "An
<br />y existing therefor, which erneI'.
<br />hereby declared to exist, this act
<br />tl full force and effect on and after
<br />"e and approval." Approved March
<br />
<br />tored water - Apportion-
<br />rce board may appoint local
<br />committees as provided in
<br />ental of stored water, When
<br />
<br />'(~
<br />
<br />49
<br />
<br />DIRECTOR OF DEPARTMENT OF WATER RESOURCES
<br />
<br />42-1805
<br />
<br />so appointed, the committee shall have the authority to market stored
<br />water between consenting owners and consenting renters under rules and
<br />regulations adopted by the board. The director of the department of water
<br />resources may approve a general lease which the local rental committee
<br />may utilize to meet the approval requirements enumerated in section
<br />42-1763, Idaho Code,
<br />In exercising its authority under this section, the local rental committee,
<br />if also the advisory committee of a water district, shall determine, in ad-
<br />vance, at the annual meeting of water users of the water district held
<br />pursuant to section 42-605, Idaho Code, each year, that portion of the pro-
<br />ceeds for the year from the lease of stored water to be paid to consenting
<br />contract holders of the storage water rights as reimbursement for their
<br />costs and that portion to be retained by the district in which the committee
<br />is located. Any proceeds retained by a district shall be used exclusively by
<br />the advisory committee of the water district for public purposes as set forth
<br />in section 42-613A, Idaho Code, and as provided by resolutions adopted by
<br />the water users of the district, [LC., ~ 42-1765, as added by 1979, ch. 193,
<br />* 5, p. 560; am. 1986, ch. 78, ~ 2, p. 236; am, 1992, ch, 339, ~ 22, p. 1014.]
<br />
<br />Compiler's notes. Section 21 of S.L. 1992,
<br />ch. 339 is compiled as ~ 42-619.
<br />Sec. to sec. ref. This section is referred to
<br />in !! 42.605, 42.1763A,
<br />Opinions of Attorney General. This sec-
<br />
<br />tion does not vest in the local committee of a
<br />water district any responsibilities regarding
<br />the collection, investment, or disbursement of
<br />water bank funds; the water district retains
<br />authority over water bank funds. OAG 91~7.
<br />
<br />
<br />
<br />CHAPTER 18
<br />DEPARTMENT OF W
<br />
<br />o
<br />,
<br />
<br />42-1805 Ad tionaI d ties. - In
<br />by law, th dire tor of the departmen
<br />following wer and duti s:
<br />(1) To re res nt the sta in all
<br />internation ater rights ffecting daho water reso
<br />ate with all g ncies, now xisting or hereafter to b
<br />state or with n other jurisdi ions, i matters affectin
<br />the water re rces of this tate.
<br />(2) To prep e a present an con 'nuing inventory 0 the water resour es
<br />of this state, certain means and ethods of conserv g nd augment ng
<br />these and dete mine as accur tely s possible the mos e ective means by
<br />which these w er resources ay b applied for the be eli of the peopl
<br />this state,
<br />(3) To condu t surveys, tes
<br />studies, and es mates of cost
<br />water, effective se of existing
<br />and use of water.
<br />
<br />
<br />
<br />vestigations, researc , examinatio
<br />ting to availability of unappropriat
<br />ply, conservation, storage, distributio
<br />
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