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<br /> <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 />failure to use the water for the purpose appropriated for a period of 5 years." Water <br />rights accepted into any water bank in Idaho are protected from forfeiture from the date <br />of acceptance into the bank until the right is removed from the bank by the owner. For <br />water rights on which the five year period of nonuse began to accrue prior to placing the <br />right into the bank, the type of protection depends on whether or not the water right is <br />rented out during the time it is in the bank. If water under the right is rented and put to <br />a beneficial use the owner begins a new five year period once the water right is removed <br />from the bank. If the water right is not rented, the forfeiture period will continue to run <br />when the water right is removed from the bank." <br /> <br />2.1.2.4 limitations on out-of-state or out-of-water district transfers <br />Idaho water law and the state water banking program place limitations on water <br />bank transfers, although state law restrictions have been temPorarily lifted as part of a <br />regional coordinated effort to enhance salmon migration. I' First, state law requires <br />legislative approval for any changes of use (temporary or permanent) of more than 5,000 <br />acre-feet of water for out-of-state use."' Second, the water bank law originally <br />prolubited rentals for out-of-state use, but was amended in 1992 to provide standards for <br />considering out-of-state use.n In reviewing applications to rent water from the water <br />supply bank or for out-of-state uses, the Director of the Department of Water Resources <br /> <br />"Id. at f 42-222(2). Under Idaho law, abandonment requires a finding of intent to permanently <br />discontinue use of the water, regardless of the period of nonuse, while forfeiture can oc:cur simply from nonuse <br />for the 5 year statutory term, regardless of intent. See GiIben v. Smith, 97 Idaho 735, 552 P.2d 1220 (1976). <br /> <br />"Idaho Code f 42-1764 (1990); and letter from Phillip J. Rassier, Deputy Attorney General, Idaho <br />Depanment of Water Resources to Teresa Rice, regarding Water Banks in Idaho (July 8, 1994). <br /> <br />ll>J'he water must first be used for power production within the state of Idaho. See Idaho Code f 42-1763A <br />(Supp. 1993); meeting with Frank Sherman, Idaho Depanment of Water Resources (July 28, 1993). <br /> <br />"'Idaho Code f 42-108. <br /> <br />nl992 Idaho Sess. Laws, ch. 101. <br /> <br />2-7 <br />