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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />storage space recognized under the right. Natural flow water rights, in contrast, must be <br />diverted and used as the water becomes available. If not used, the water passes to the <br />next appropriator in line.u <br />Idaho's bank program, as implemented by the local rental pools, limits the <br />banking of natural flow rights. Only water available under storage rights may be <br />transferred through the local rental pools and tnbal bank." In contrast, under the <br />Board administered water bank, there is no such restriction. The Board has the authority <br />to "purchase, lease, or otherwise obtain decreed, licensed or permitted water rights" for <br />the water supply bank.14 Though not expressly stated, the limitation of local pools and <br />the tribal bank to storage water is meant to minimize questions of injury to other water <br />rights in their operation." <br /> <br />2.1.2.3 Special status of water assigned to the bank <br />Regardless of whether the water right assigned to the bank is for storage or <br />natural flow, state water bank provisions shield the water right from challenges under the <br />state water forfeiture law'" Under Idaho law, rights to the use of water can be lost by a <br /> <br />"Telephone conversations with Ronald D. Carlson (Oct. 1, 1993), and with Pbillip J. Rassier, Deputy <br />Attorney General, State of Idaho (Sept 29, 1993). There is one recognized exception to this allocation <br />principal under the temporary rules adopted this year for the Big Lost River basin, which allow rotation of <br />certain natural flow rights in order to Improve the efficiency of water use. See IDAP A 37.03.12040 (Rule 40). <br /> <br />"Idaho Code li 1765 (1990 and Supp. 1993). This provision does not expressly prohibit the banking of <br />natural flow rights, but rather authorizes the Board to 'appoint local committees to facilitate the rental of <br />stored water: Loca1 committee procedures, however, expressly limit banking to storage rights. <br /> <br />"Id. at li 42-1762- <br /> <br />"This was suggested by Pbillip J. Rassier and by comments of Ronald D. Carlson, Watermaster, Water <br />District 1 (April 29, 1994). <br /> <br />"Idaho Code li 42-1764 (1990); Water Supply Bank Rules, Idaho Water Resource Board, IDAPA <br />37.02.03.025.07(e). <br /> <br />2-5 <br />