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1991] INTERSTATE TRANSFERS OF WATER 851 (-' (2) the_Ur.den shall be upon the claimant or other person seeking to divert or appropriate water or seeking a water right based upon a claimed diversion or appropriation coming within the provisions of subsection (1) of this section.r."1t'&v~ff'tt'means ..~,osts and is accepted by each state,mcluding Colorado, 1!1rough which said stream system and~.aid diverted water flows or will flow I'by-Which the credit required in this section will be entered and rec- .. ognized by each such state. (3) This article shall not be applicable to water contained in agricultural crops, animal and dairy products, beverages, or processed or manufactured products or to products transported in cans, bottles, packages, kegs, or barrels. 37-81-104. Pee,;f-Gl" diversion - fund created. (1) to effectuate the purposes of this article, the general assembly hereby authoriz~ a fee of .fifty dollars per acre-foot to be assessed and collected by the state engineer on water diverted, carried, stored, or transported in this state for beneficial use outside this state'measuredeat the point /0frelease from storage or at the point of diversion. (2) All _<<i?~eys collected pursuant to subsection (1) of this sec- tion shall be credited to the water diversion fund, which fund is hereby created. The general assembly shall annually appropriate all moneys in said fund for water projects for the state. Said appro- priation shall be consistent with part 13 of article 3 of title 2, C.R.S. ( D. Idaho IDAHO CODE ~ 42-401 (1990). 42-401. Applications for use of public waters outside the state. (1) The state of Idaho is dedicated to the conservation of its public waters and the necessity to maintain adequate water supplies for the state's water requirements. The state of Idaho also recog- nizes that under appropriate conditions the out-of-state transporta- tion and use of its public waters is not in conflict with the public welfare of its citizens or the conservation of its waters. (2) Any person, firm or corporation or any other entity in- tending to withdraw water from any surface or underground water source in the state of Idaho and transport it for use outside the state or to change the place or purpose of use of a water right from a place in Idaho to a place outside the state shall file with the depart- ment of water resources an application for a permit to do so, subject to the requirements of chapter 2, title 42, Idaho Code. (3) In order to approve an application under this chapter, the director must find that the applicant's use of water outside the state is consistent with the provisions of section 42-203A(5), Idaho Code. In addition, the director shall consider the following factors: \., , Heinonline -- 70 Neb. L. Rev. 851 1991