PUB00042

• Year: 1994
• Title: Using Water Banks to Promote More Flexible Water Use - Final Project Report USGS, Award 1434-92-2253
• CWCB Section: Water Conservation & Drought Planning
• Author: MacDonnell, Howe, Miller, Rice, Bates
• Description: Report about water banks -- conceptual analysis of the designs, 3rd party effects, etc.
• Publications - Doc Type: Brochure

I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I

during the migration of Snake River salmon." Releases for salmon migration must first
be used in-state for power production purposes.'"

2.1.2.5 Irrigation use preference
LocaJ rental pool rules provide a preference to bank rentals for irrigation use.
This preference reflects Idaho water transfer Jaw, under which water rights may be
changed so long as the change does not result in an enlargement of the right or injury to
another right, and is found to be in the local public interest." In general, rules state
that irrigation or agricultural users should be the first and primary beneficiaries of bank
operations.'" For example, District 1 rules provide "[a] primary purpose in the operation
of the rental pool will be to benefit the agricultural water users within Water District
1.'''' More specifically, all three rental pools give irrigators an exclusive right to rent
bank water during the initial months of irrigation season." Additionally, rental pool

"1992 Idaho Sess. Laws, ch. 101, A 2; axlified at Idaho Code A 42-1763A (Supp. 1993). This provision was
extended until 1996 by House Bill 989, 1994 Idaho Sess. Laws, ch. 452, A 2.

'"Under this interim measure, the Director is explicitly permitted to waive the analysis of the factors
outlined previously. Where there is a local committee, any water intended to be used for this purpose must
be rented through that committee. Those desiring to take advantage of this program must prepare an annual
water flow augmentation plan that is approved by the Director. Approval is based on a determination that
the water rented pursuant to this provision will be used as pan of a regional coordinated effort to enhance
salmon migration and that other panies are making a proponlonal contnbution to solving the salmon
migration problem. Idaho Code A 1763A(I) (Supp. 1993).

"See Idaho Code A 42-222 (1990).

'"Rental Pool Procedures, rule 3.2.

"Water District I, Rental Pool Procedures, Approved by the Committee of Nine May 29, 1991 [hereinafter
District 1 Procedures]. District 63 procedures were first adopted in 1991 and state that the rental pool is
operated 'by and for the irrigators within the District through the Committee' with the objective of the rules
to 'assure that Stored Water is maintained and first made available for irrigation use.' District 63 Rental Pool
Procedures, rule 3.2 (amended June 24, 1993) [hereinafter District 63 Procedures). District 65 rules have the
same language. Water District 65, Rental Pool Procedures, rule 3.2 (July 31, 1992, as amended 1993)
[hereinafter District 65 Procedures].

>>see. e.!!. District 1 Procedures, at rule 7.1. Priorities among potential renters of bank" water are more
fully discussed in section 2.1.2.7.

2.9